How Old Does a Child Have to Be to Choose Whom to Live with in Florida?

If you’re in the middle of a custody battle in Florida, you might wonder what age your child has to be to give their opinion to the court. Each state handles this tricky situation differently. Here is what you need to know about Florida’s rules and guidelines.

Child Custody Arrangements in Florida

When parents are no longer together, they may make a formal arrangement regarding how they will divide time between themselves and the child. Florida courts encourage parents to develop parenting plans together. If the parents cannot reach an agreement, they can submit their proposed plan to the court, and the court can decide which custody arrangement to order.

Child custody can take many forms, including:

• Physical custody: This refers to the parent with whom the child primarily lives.
• Legal custody: This refers to the parent or parents that have the legal right to make important decisions for the child.
• Sole custody: In some cases, the court may award sole custody to one parent. For physical custody, it may award visitation to the other parent. A parent with sole legal custody has the right to make all the child’s important decisions for them.
• Joint custody: Custody is joint when it is shared between the parents, whether legal or physical.

Parents can make their own decisions or allow the court to determine what is best.

Does a Child Get a Say in Which Parent They Live with in Florida?

Florida courts use the “best interests of the child” when making decisions regarding child custody and child support. Florida law gives courts a number of factors to consider when determining what is in the child’s best interests. One of those factors is the “reasonable preference of the child.”

While the court can consider the child’s opinion, it does not have to award custody to the person the child said they prefer to live with. It considers many other factors. Additionally, a guardian ad litem may serve as the child’s legal advocate during the proceedings, and child custody evaluations can provide additional information for the court to consider when making child custody decisions.

At What Age Does a Child Have to Be in Florida to Say Which Parent They Want to Live With?

Florida law does not state a specific age the child has to be to make their preference known. Instead, family courts can consider the child’s stated preference if the court determines the child is “of sufficient intelligence, understanding, and experience to express a preference.” allow

What Other Factors Do Florida Courts Consider When Deciding Child Custody?

Other factors the court considers besides the child’s preference include the following:

• The demonstrated ability of each parent to facilitate and encourage a close and continuing parent-child relationship, and the time-sharing schedule
• The ability of each parent to put the child’s needs before their own
• The closeness of the parents’ homes to each other
• The parents’ moral fitness and mental and physical health
• The child’s home, school, and community record
• The child’s developmental stage and needs
• Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
• The parenting roles the parents have played in the past
• The ability of the parents to maintain a home free from substance abuse

An experienced family law lawyer can argue the factors that best support your position regarding child custody.

Contact McMichen, Cinami & Demps for a Confidential Case Review

You don’t have to face a custody dispute alone. An experienced child custody lawyer from McMichen, Cinami & Demps can evaluate your situation and explain whether your child might have a say in your case. Call for a confidential consultation.

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