Legal Question in Family Law in Florida
at what age does a child have to be to decide who he lives with? parents are
divorced - mother passed away in April. child (15 now) mother and grandmother have lived together since the child was an infant. father has not been in contact for 12 years. child wants nothing to do with him. he is insisting the child talk to him on the phone and get to know each other now.
1 Answer from Attorneys
The child has no right to make this determination, though many judges will sometimes consider the child's opinion once the child reaches his or her upper teens, especially 16 or 17.
But in your case it doesn't matter. Under Florida law, custody is clear. Once one parent dies, the other parent gets custody. A grandparent has no right to custody (or even visitation).
You might have one shot, though, which I've succeeded with before, but you'll almost certainly need a lawyer. You may be able to claim a right to custody under the theory that the father has neglected the child (by not being around) or that his parental rights should be terminated due to abandonment. Call or email me if you want more information. I hate to see a child automatically go to a parent who cares nothing about the child, despite what the law says.
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