At What Age Can A Child Choose Which Parent to Live with in Florida?

One of the most difficult and emotional issues in family law is child custody, especially when a child wants to live with one parent over the other. In Florida, state courts prioritize the child’s best interests, but the question of when, or if, your child can choose which parent to live with can be complex. The Orlando family law lawyers at McMichen, Cinami & Demps can help you navigate child custody agreements in Florida and their impact on your custody and visitation rights.

Understanding Child Custody in Florida

Child custody determines how children share time and responsibilities after a divorce. There are generally two types:

  • Physical custody: Concerns where your child lives and which parent is responsible for their day-to-day care.
  • Legal custody: Concerns which parent has the right to make major decisions affecting education, healthcare, and religious instruction.

Physical and legal custody can be awarded solely to one parent or jointly between both parents.

Florida Law and Child Custody Decisions

Child custody decisions in Florida are guided by the “best interests of the child” principle. Florida law does not set a specific age at which a child can choose which parent to live with. Instead, the court considers several factors to determine who will have physical and legal custody of a child. These are outlined in Florida Statute 61.13.

The Role of a Child’s Preference in Florida

There is no specific age at which a child can choose their custodial parent in Florida, but a court will generally consider a child’s preferences if the child is found to be of sufficient intelligence, understanding, and experience to express a preference. A child’s preference typically becomes more relevant as they grow older. Courts tend to give more weight to the preferences of teenagers than to younger children, but a child’s preference is never the sole deciding factor.

Factors That Influence Custody Decisions in Orlando, Florida

Florida courts are required to consider several factors when deciding custody arrangements under state law. These factors include, but are not limited to:

  • The child’s age, mental, and physical health
  • Each parent’s ability to provide for the child’s needs
  • The emotional bond between the child and each parent
  • The stability of each parent’s home environment
  • The involvement of each parent in the child’s life
  • The child’s adjustment to their home, school, and community
  • The moral fitness of the parents
  • The geographic location of the parents
  • The ability of each parent to provide a consistent routine and daily schedule for the child
  • The child’s preference, if the court believes the child is mature enough to express a well-reasoned opinion

Our Orlando child custody lawyers can help you weigh how different factors may impact child custody in your situation.

Modifying Custody Based on a Child’s Preference

A child’s preference to live with one parent over another may change over time. After a custody order has been put in place in Florida, any parent can request a modification. However, Florida law requires that there be a substantial and material change in circumstances to justify the modification. A child’s preference alone is generally not enough to modify an existing custody agreement, but it may be considered along with other factors to show that a modification is in the child’s best interest.

Have Questions About Child Custody in Florida? Consult An Orlando Family Law Lawyer

A child does not have the absolute right to choose which parent they will live with, regardless of their age. Florida courts are required to weigh several factors and determine what is in the best interests of the child. A child’s preference is just one of those factors, and it becomes more significant as they age. If you are navigating child custody arrangements in Florida, the Orlando family law lawyers at McMichen, Cinami & Demps may be able to help. Schedule a consultation with our team today.

Contact Our Divorce Law Firm in Orlando, FL

Contact the experienced Orlando divorce lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803