Legal Question in Family Law in Florida
at what age can a child decide his preference of living with mom or dad, if neither parent has any issues such as being fit/unfit or problems that would not be conducive to custody? my stepson is 11 yrs old, lives with his mom & told my husband & i a couple weeks ago he would rather live with us than her. he also told us she (child's mom) was looking online & discovered there is no longer a certain age, making it sound like it would vary from one case to the next. i promised my stepson i would try to find out. thankyou becky
2 Answers from Attorneys
Courts make those types of decisions on a case-by-case basis, depending on the maturity and intelligence of the child in question. I believe that most courts would probably not allow a child who is only eleven to testify.
In Duval County, the judge has allowed children as young as 10 to testify. So I would have to agree as to case by case but I do believe that 11 is probably sufficient for testimony. I would find out why the child wants to be removed from the present home. If this is because of chores and disiplinary issues - then probably not. However, if the child is left alone, no planned activities, parent not appropriate - then you may have a case.
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