Legal Question in Family Law in Florida

in the state of FL..................Pinellas county..................at what age will the court hear a child's wishes as far as who they would prefer to live with? My fiance's son is 11 and his mother uses him as a pawn to try to get my fiance to do what she wants. threatens to keep their son away from him(not let him pick him up on his days) child support has been an issue but that is not a reason to withhold visitation right?? they have a final hearing set to finalize support and visitation.


Asked on 3/05/10, 3:11 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Depending on the judge, maybe 16...maybe. It's extremely unlikely that a judge will allow his 11-year-old to testify. You or your fianc� or another witness will have to testify about this. You are correct that failure to pay child support is not a valid reason to withhold visitation. Last thing: it sounds like he doesn't have a lawyer. His son is too important for that. He shouldn't risk his son's future on his own lack of legal knowledge and procedure. He needs to go find a lawyer right now.

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Answered on 3/10/10, 3:22 pm


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