Legal Question in Civil Litigation in Florida

How old does a child have to be in the state of Florida to decide who she wants to live with?

What can I do about my child being mentally and emotionally abused by her father?


Asked on 9/19/10, 2:29 pm

1 Answer from Attorneys

Latangie Williams Law Office of Latangie Williams, P.A.

There is no set age which would guarantee that the child will live with the person whom she chooses. The courts use the "best interests of the child standard." However, once a child is closer to the teen years and appears to be mature, judges will take the child's wishes into consideration. If your daughter's father is abusing her, I would report it to the Department of Children and Families or get your daughter into counseling so that the treatment by her father can be documented. You can then use those records to petition for custody (at least temporary custody while he undergoes counseling himself).

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Answered on 9/25/10, 2:50 pm


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