No, a 12 year old cannot decide which parent to live with in Arkansas.
In Arkansas, there's no magic age that a child gets to make the choice of which parent to live with.
Instead, Judges in Arkansas make the custody decisions on which parent the 12 year old or any other minor child gets to live with, based strictly on the best interests of the child.
When it comes to child custody and who the 12 year old or any other child can live with the court goes by many factors, which includes the child's maturity, guardians ad Litem and judge interviews.
A 12 year old's opinion is heard by the courts, but the child's opinion is not the final word when it comes to custody and who they get to live with.
The judge weighs the 12 year old and other child's opinion alongside of other family dynamics.
The court also looks at why the 12 year old wants to live with a specific parent and in a specific home.
Logical and mature reasons also carry more weight than just surface preferences.
And courts often use a Guardian ad Litem, which is an attorney representing the child to talk to the child and report the child's wishes to the judge.
And a judge may also talk privately with the 12 year old or older children, but the child or children still do not get to make the actual legal choice on who they can stay with.
Other factors that the judge considers in who the child or children get to stay with include stability, relationships, environment and parental conduct.
Parental conduct that the judge considers includes protection from conflict or one parent turning the child against the other.
The environment that is considered includes the school districts, health needs and home continuity.
Relationships that the judge considers are how strong the bond is with each parent between the child or children and stability involves which home offers a steady and safe routine for the child.