Children Ages 7 and 8 - at what age can they legally request...

[mushkilla]

...To live in our home as opposed to their mother's home being 'primary residence'? We want to ensure they have the most stable environment as they have undergone a lot of emotional stress over the period of 2 years. We currently have joint custody with visitation at 50% each.

Thanks.

[standing on the sidelines]

for some reason I think the age is 12

[mushkilla]

I thought so...

Any idea what happens to the CS payments if the child decides he/she wants to move to their other parents home?

[Kimberley]

Whilst the children may state a preference, ultimately it's up to a judge to decide. The questions of course would be why do they want to live full time with one parent over the other. What factors are contributing to this decision. Sometimes it's something as slight as feeling like they have more freedom at one home or the other, sometimes it's because they have nicer toys, furniture, clothes.
While I understand that may read shallow, you have to remember that kids do not always have the 'understanding' and wherewithal to be able to informatively make these types of decisions.
Perhaps it's even a parental issue, maybe the parent they do not want to stay with 50% of the time needs some sort of parental 'help'.
There are so many things involved in making a change to the lives of children that all factors need to be heard and understood before a decision is made.