The standard for determining who has the primary physical residence is the best interests of the child. At the age of 8, your son's wishes alone would not determine where he lives. If you bring a petition seeking a change in primary physical residence, a law guardian is likely to be appointed to review the situation. Until the age of 13 or so, the children's input does not carry that much weight with the courts. If the law guardian is appointed, the court is highly likely to follow hi or her recommendation.