At what age will the Court Consider the childs wishes as to who he lives with?

[Smokymtnladie]

My niece recently passed away unexpectedly. She and her 2 sons ( ages 9 and 4) have lived with me for the past 8 years. Her boys are half brothers. The 9 year old was taken out of state to live with his Father that he hardly knows. He wants to come home to live with us and his brother. My question is at what age will the court take into consideration what his wishes and preferences are?
I realize that we don't have much of a case for custody now. So, I don't want to pursue it just yet because I'm afraid we will lose and then his father won't let us see him.
We would appreciate any and all advice/help.
Thank you,

 

[Duranie]

Both kids are MUCH too young to decide where they want and in the event of one parents death, the other one generally gets custody. All you can do is petition for visitation and if you are lucky you'll get it.

 

[ohiogranny]

What about the 4 year old?