At what age can a child choose to live with non-custodial parent and lives out of state? We live in suffolk county NY and he lives is Florida. My son is 12 and wants to live his father, because he is having fun there. My daughter does not want to be there.

I suppose you did not read all of the other threads here about children choosing what parent they want to live with.

You see, the child does not CHOOSE which one. The child has the option to voice an opinion, but the judge is the one who makes the final decision when weighing the pros and cons of each parent. The judge is the one who decides according to the best interest of the child.

As J_9 indicated there are several threads that ask the same question.

Bottomline, you have court ordered custody. IF the father want to change that custody the FATHER needs to file a petition in Family court (probably in NY) to change the custody arrangement. The court will then listen to testimony, including the child's preferences, and then make a decision.