Legal Question in Family Law in Florida

Child choosing who to live with

I have shared responsibility with my ex husband in our divorce. I have primary residence of my 2 boys. They are 9 & 13. My 13yr old is telling me that he wants to go live with his dad. I am devaststed. What age can he choose or can he do this. I feel his Dad is telling him to do this because yes his dad makes more money then me & can buy him more things, but can he take my son from me if he takes this to court?


Asked on 7/19/09, 5:03 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Child choosing who to live with

Don't worry. I don't think any judge in Florida will let a 13-year-old decide where he can live. Very few judges will let 16-year-olds have that decision. You should speak with a lawyer who knows the judges in your area, but I'd be extremely surprised if any judge allowed a 13-year-old to have more than a slight influence over a custody decision. Besides, the standard for changing custody between parents in Florida is very, very high.

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Answered on 7/20/09, 12:34 am


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