Legal Question in Family Law in Florida

Child custody

My son is 12 and he wants to live

with me. His father is using him as a

tool to punish me. He calls my son

names and speaks very badly about

me, but he will not give me custody

because that is the only hold he has

over me. At what age can my son

say where he wants to live? My son

has already stated that he would

speak to the court. His father drinks

a lot and I do not want my child in

that environment.


Asked on 5/06/07, 3:35 pm

2 Answers from Attorneys

Gordon Nicol Law Office of Gordon T. Nicol

Re: Child custody

A child's opinion of who should have custody can be taken into consideration by the court. However children cannot choose whose has custody themselves. That is a judges� decision. If you want help getting custody changed you should contact a Florida attorney who practices in family law.

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Answered on 5/07/07, 10:32 am
Susan Pniewski Law Offices of Susan Pniewski PA

Re: Child custody

It is usually best to leave the child out of these discussions and proceed upon the actual merits. The risk is that the child may irreparably damage the relationship between themselves and the other parent by speaking out in court. If the situation is dire, you can frequently proceed without the child's testimony.

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Answered on 5/07/07, 10:54 pm


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