We know that the average child would prefer to live with both parents and that it is placing a difficult burden on his or her shoulders to ask him or her to pick the parent he or she prefers. He or she may feel that by making a choice he or she is double-crossing the other parent. That is why it can be better to settle a case without actually going to trial. Be sure that if the judge hears a preference from the child that it is his or her true choice. Judges do listen to the child's preference, but the weight they give that preference depends upon the child's age and maturity.
Judges know that parents try to influence the decisions of their children.
It will not look good for you if your child reveals that you gave him or her a script to repeat that did not reflect the child's true wishes. Judges also know that sometimes a child will prefer living with a parent who will administer the least discipline or be more lax in enforcing rules of behavior. Work with an experienced lawyer in your state.