My understanding is that a Child 12 years of age or older can state in an "Affadavit of Preference" which parent he or she wishes to live with. The courts will view this affadavit positively in the absence of evidence indicating it is not in the best interest of the child. The best interest of the child is the ultimate standard upon which the Family Court will "award" primary physical custody.

A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? http://cabaraoke.newsvine.com/_news/2008/12/01/2165344-a-childs-choice-what-is-the-right-age-for-a-child-to-choose-which-parent-to-live-with The child can demand Joint Custody of them, and not the other way around. They can be told that the children need to remain in the home and each parent can live there for three weeks, than switch. Once a week the parent not in residence takes the children out to dinner. While in the home, the parent does not date or have overnight guests, other than relatives. On the off weeks, the parent rents a room, stays with relatives or friends, or they can split the cost of a one bedroom apartment that they share. The priority here is the children not having their lives disrupted by the choices of the parents. The parents' lives are equally disrupted and they split the cost of being in the home. If child support is ordered, both parents can pay into a trust fund that pays out to cover the children’s expenses. Anything over and above those expenses remains there to collect interest and goes toward a college education. When the children are grown, and completely out of the home, than the property can be sold or whatever the parents want to do with it. This is called Bird Nest Custody. The children remain in the nest and the bird take turns being there. http://tinyurl.com/GiveKidsAChoice

A Child's Choice: What Is The Right Age For A Child To Choose Which Parent To Live With? http://cabaraoke.newsvine.com/_news/2008/12/01/2165344-a-childs-choice-what-is-the-right-age-for-a-child-to-choose-which-parent-to-live-with The child can demand Joint Custody of them, and not the other way around. They can be told that the children need to remain in the home and each parent can live there for three weeks, than switch. Once a week the parent not in residence takes the children out to dinner. While in the home, the parent does not date or have overnight guests, other than relatives. On the off weeks, the parent rents a room, stays with relatives or friends, or they can split the cost of a one bedroom apartment that they share. The priority here is the children not having their lives disrupted by the choices of the parents. The parents' lives are equally disrupted and they split the cost of being in the home. If child support is ordered, both parents can pay into a trust fund that pays out to cover the children’s expenses. Anything over and above those expenses remains there to collect interest and goes toward a college education. When the children are grown, and completely out of the home, than the property can be sold or whatever the parents want to do with it. This is called Bird Nest Custody. The children remain in the nest and the bird take turns being there. http://tinyurl.com/GiveKidsAChoice

No state allows a child to choose which parent they live with, regardless of age. Some states have laws that mandate a court consider the child's wishes as a factor once they reach a certain age. Family court judges have wide discretion to consider the wishes of the child at any age. But the child never gets an absolute say. And this is true for good reason. The family court has a duty to determine what is in the best interest of the child. Often times what the child wants is not in the best interest. For example, who do you suppose your 14 year old child would prefer to live with: 1) the parent who is rarely home and lets the child drink and have wild parties, or 2) the parent who sets a curfew and punishes the child for engaging in risky behavior?