In Oklahoma a child can state a preference as to which parent the child wants to live with at age 12. There is a legal presumption that at age 12 a child has the mental ability and maturity to make the decision in the child's best interest. This is a presumption that can be overcome by the other parent if there is a reason that the child's decision is not in his/her best interest. An example would be the if parent the child wants to live has a drug/alcohol or anger problem or an unstable household. It is ultimately up to the judge to make the final decision taking into consideration the child's wishes.
Answered on Feb 04th, 2013 at 11:11 PM