You may have heard that a child can choose the parent with which they would like to live. It’s true, they can—when they turn 18. Many people believe that children can choose at a younger age, but that belief is nothing more than an urban myth.
Prior to age 18, New York children are subject to a custody order, and they have little or no say in the matter. Much depends on the circumstances of both parents, and the relationship the child has with both of them. The judge will hear what a child has to say on the matter, but it is not the sole determining factor.