Legal Question in Family Law in Florida
Where to live
In Fl. can a 13 yr old child decide where to live other than with his/her parents
1 Answer from Attorneys
Re: Where to live
Not really. It has nothing to do with the specific age.
1. Parents are legal guardians. Unless they have abandonned the child, given up their parental rights, or a court has said otherwise, parents have a fundamental right to custody and visitation.
2. Although a child's preference may be considered in deciding primary custody, it is only one factor out of many and, according to case law, does not by itself outweigh the parents rights.
3.The court tries to find what is in the best interest of the child. To the extent that not being with either parent is in the best interest of the child, then the court will order that but there must be evidence presented to support this.