she is correct. until they are 18, kids don't get to choose.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Kids can't choose but the older they are, the more weight their wishes carry. You should consult with an experienced family attorney to review your situation and determine how likely it would be that you would succeed in court.
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