What do I need to do if my child now wants to live with me?

If your child is at least 12 years old, the child may state a preference to the Court in writing. The preference is not binding on the Court but is one of the factors the Court would use in determining "the best interest of the child." While not written as law, this attorney's opinion is that the designation carries more weight in the "best interest" determination as the child grows older, however it never becomes conclusive.

Of course, the child may feel that they are acting against the other spouse by stating a preference in writing to the Court, so great care should be considered before putting a child in that situation.