Well, I know in Texas that a child at the age of 12 can put in a preference for where they want to live and the judge will decide. I learned this after talking to an attourney with my W. This concerned my W as my D11 has already said she would prefer to live with me. My W said she would fight me on it, but it will come down to what the judge decides. I would take her in a heartbeat except that I don't want my D7 feeling left out without her bigger sister as all they have are each other thanks to my W. So I wouldn't pursue that for myself. I'd rather keep them together since they already have no choice in this matter. Now when they are older and can both decide, I may reconsider as I trust myself to raise them better than my W at this point and time. Maybe she will change my mind later, but right now, she has issues that concern me.
What kind of relationship do your daughter and son have? It sounds like they are already living apart. But if they could be together, would it help each of them? Might be a good consideration.
Kevin
Me 36, W 37 M: 08/02/97 D13, D9 1st Bomb 02/08 Reconciled 04/08 2nd Bomb: 09/08 W filed for D 02/04/09 Separated 03/09 D dismissed 06/09/09 Still separated...