Legal Question in Family Law in Florida

Minor choosing to live with either parent

What is the age a child in FL can decide which parent to live with? Is this definitive or do they take other matters into consideration?


Asked on 2/25/08, 4:43 pm

2 Answers from Attorneys

Re: Minor choosing to live with either parent

Court do not generally permit a child's preference to decide which parent will be primary residential parent. The best interest of the child is the standard. If the judge wants to hear from the child, it is often through appointing a Guardian Ad Litem (child's attorney) that child's preference is even presented to the Family Court Judge.

Read more
Answered on 2/27/08, 1:09 pm
Brent Rose The Orsini & Rose Law Firm

Re: Minor choosing to live with either parent

It just depends on the judge and the county. Some judges will listen to kids when they turn 13, but this is pretty rare. Most judges won't take a child's opinion into consideration until the child is 16 or 17 and, even then, judges always consider factors other than just the child's opinion.

Read more
Answered on 2/25/08, 9:33 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida