There is a myth lurking out there in Arkansas about the age at which a child can decide which parent with which he or she would like to live. If I’ve heard it once, I’ve heard it a hundred times: “Well, he will choose who he wants to live with when he turns 12, anyway!”
The reality is that it just isn’t so. There is no magic age. In fact, there is no age with which a child can choose where to live.
Under Arkansas law, the award of custody shall be made solely in accordance with the welfare and best interest of the child. It is true, however, that if the child is of a sufficient age and mental capacity to reason, regardless his or her age, the Circuit Court may consider the preferences of the child. Ark. Code Ann. §9-13-101(a)(1)(A)(i).