In the state of florida what's the legal age that a child can decide which parent he wants to live with?

Asked over 1 year ago - Miami, FL

My fiance son's keeps begging to come live with my fiance, however, i know that it's going to turn into an ugly custody battle with the mom

Attorney answers (3)

  1. Gregory Thomas Buckley


    Contributor Level 18


    Lawyers agree

    Answered . There is not actually an age at which a child is allowed to choose which parent to live with. A parent may file a motion to allow the child to testify in a time-sharing modification case. The judge will determine (on a case-by-case) whether or not to allow the child to testify as to a preference of where to live. Even if the child is allowed to testify, their preference is only one of many factors that a court will consider when making a determination of what time-sharing schedule is in the child's best interests.

  2. Anna Christine Fernandez

    Contributor Level 7

    Answered . Look up Florida Statue 61.13. There's a section that lists factors in determining the best interest of the child in regards to timesharing. The child's preference is listed as a factor, but not the only factor. You would most likely want to submit a petition to modify the timesharing schedule, and include some of the factors enumerated in the Statute.

    Best of luck to you and your family.

    * LEGAL DISCLAIMER ** This response above is not legal advice and it does not establish an attorney-client... more
  3. Gust G Sarris

    Contributor Level 14

    Answered . Some judges are very liberal about letting children testify, others are hesitant to let a 17-year-old testify. That is one of the advantages of having an attorney who may have had experience in the past with this particular judge. Good luck.

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

Legal custody

Legal custody of a child means that a parent has legal authority to make religious, medical, or other significant decisions that affect a child's upbringing.

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