How old does a child have to be in order to choose which parent he or she wants to live with? Technically speaking, a child under 18 years of age has no legal 'right to choose'. Minors are, by definition, "legal incompetents", which means they are not recognized by the court as being able to make legally binding decisions, including decisions regarding their custody. However, over the years, various precedents have been set by custody courts throughout the United States that have created greater flexibility in this area.
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