If your child has expressed a preference for living with Mom or Dad, the court may take this into consideration - with reservations. First, they will consider the age and maturity of the child. California legislature has reasoned that at age 14, a child is emotionally and rationally mature enough to explain why they prefer to live with one parent over the other. So, if the child is 14 or older, the court must listen to the child. If the child is younger than 14, the court can decide whether it's truly in the child's best interest to listen to their opinion.