Legal Question in Family Law in Florida
Child Age
How old does a child have to be in Florida to state which parent they want to live with?
2 Answers from Attorneys
Re: Child Age
There is no hard and fast rule giving a child the right to determine which parent will have custody. Courts won't generally give a child's preferences siginificant weight until a child is determined to have a sufficient level of maturity. Courts generally would rather have the child through a Guardian Ad Litem (child's lawyer) indicate to the Court the child's thought concerning primary residence.
Re: Child Age
Generally, a child must be at least 12-14 before a judge will even consider taking their testimony. There is no set rule on this as it depends on the maturity level of the child. In my experience I would say not until they are 15 or 16 at least.