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ANSWER: Actually, there is no such age in Kansas or anywhere else despite much popular misunderstanding to the contrary. Here is how this words. All custody and visitation decisions, regardless of the desires of anyone, are decided by the Court pursuant to the best interests of the child legal standard. In other words, no one, including the child no matter age, can decide. That being said, however, the preferences of the child may (but not must) be considered by the Court. Unlike some state jurisdictions, Kansas law does not specify any certain age at which this takes place.
Missouri law doesnât state a specific age when the court must consider childrenâs custodial preferences. Instead, judges decide how much weight to give a childâs preference on a case-by-case basis. Generally, however, older childrenâs preferences will be given more weight than younger childrenâs opinions. When children are 12 or older, their opinions usually factor into the custody decision. The court can choose not to consider very young childrenâs opinions at all. The childâs custodial preference doesnât outweigh any other factors in the courtâs decision.