Legal Question in Family Law in Florida

legal age to have the right to chose which parent to live with.

Is there an age at which a child can legally decide which parent they want to live with? I live in Florida. My 9 year old daughter has always wanted to live with me but her mother refuses due to selfishness. She is barely able to support her. My daughter is in third grade & has attended 13 schools so far due to her mother's instability. I desperately need help with this situation for the sake of my daughter.


Asked on 5/25/98, 1:39 pm

1 Answer from Attorneys
Robert McCall Law Office of Robert McCall

Nine Year Old desires

There is no black letter law on this point. Generally the court will not consider the desires of the child until the child is over age 16. The standard for judicial review is what is in the best interest of the child. It would be very difficult to show the mother is an unfit parent and get the court to change custody; you will need more than a general desire of a 9 year old to force a change. Good Luck

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Answered on 7/21/98, 6:17 pm


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