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What state is the child custody order in?
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There is no definitive age in Canada for when a child can choose during divorce or custody hearing.
Technically, the child cannot choose which parent they want to live with. Rather, the court considers the child's wishes and preferences about the parents. What the child wants is only one out of several facts a court considers. The older the child is, the more weight that is given to his or her opinion.
Typically in Canadian courts. children's wishes begin to have influence between age 8 and 14. (8 is the pyschological age required in most children for concrete thought processes).
At ages 14 and over, the child's wishes are frequently decisive.