What is the name of your state? California - Do children have a legal right to choose to live with a non-biological parent over that of their biological parents? If so, does it require significant reasoning on that of the child in reaching their decision? I am the biological mother and share 50/50 custody of my 14 yr old son with his father who has recently split from his wife. Our son wants to stay with his step-mother because she is keeping the house and his half-brothers. The father has moved out and agreed to leave our child with her without consulting me! Can my son decide to live there at age 14 without my formal consent? What rights do I have?