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According to the Arkansas statute there is no specific age set where a child can make the ultimate decision as to placement. Instead the law [see below] permits a child of reasonable age and maturity to state a preference as to the type of parenting arrangement they wish to have. It is only a stated preference which the judge takes into consideration along with the other reasons for why a change in visitation is required.


When minor children are involved in a divorce, the Arkansas courts will do everything possible to help lessen the emotional trauma the children may be experiencing. If the parents cannot come to an agreement regarding the issues involving the children, the court will establish the custody order at its discretion.

In an action for divorce, the award of custody of a child of the marriage shall be made without regard to the sex of a parent but solely in accordance with the welfare and best interest of the child.

In determining the best interest of the child, the court may consider the preferences of the child if the child is of a sufficient age and capacity to reason, regardless of chronological age; The past and future roles of the parents; and past domestice violence.

(Arkansas Code - Title 9 - Chapters: 13-101)

From the language of the statute the judge permits an older child to state their preference, but whether it will be granted is upto the judge and the reasons why a change is being asked. Unfortunately, I did not see a specific statute which states a child can ultimately decide at age 14. This must be the common practice in your local area, but not according to state law. Whether the judge will listen is discretionary. But a modification is permitted if there is a change in circumstances to the current parenting arrangement which is affecting the child's best interests. The Judge will need to review the totality of circumstances to see why the change is necessary.

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Expert:	LawNinvest
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Answered:	8/15/2008

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