Legal Question in Family Law in Florida

The Court will appoint a guardian to speak for the child. Kids do not come to court. Contact my office for free consultation 727-446-7659

Kids don't get to choose until they are 18, but a judge will often consider a child's desire a little earlier. There is no hard and fast rule, but judges will usually listen to a child's desires at around 15 or 16, sometimes a little earlier. At 17, most judges will let a child live where he or she wants.

Hello: I'll add more to the previous answers. Under Florida statutes, chapter 61, there are provisions setting out the factors a court must consider in determining custody if children. Mainly, section 61.13 is where this is found.

There are several factors listed. One allows for the desires of the children to be heard so long as they have the knowledge and understanding of the circumstances. A child custody evaluator is usually appt. by the court. The children can speak to the evaluator. If there is a trial, the lawyer must file a motion for authorization to bring a minor child to court.

Each judge may handle the testimony differently. He/She may ask the parents to step outside while judge speaks to the children or some other procedure. There is no age stated in the statute. We know through experience, a child 12 or so can usually have some influence as to preference of residences. A 16 y.o. will have more influence.

If my office can be of any assistance in No. Fla. pls. give us a call. Tom Rosenblum