Legal Question in Family Law in Florida

child custody

Is there an age in Florida where a child can decide which parent he wants to live with?

Asked on 11/25/07, 3:12 pm

2 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm
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Re: child custody

Florida law doesn't set an age at which a child can decide where he or she wants to live, though the law does say the judge should take the child's opinion into consideration. Despite that, most judges don't really let the child decide until he or she is about 17. Often, a judge will listen somewhat to the opinion of a 15- or 16-year-old, but judges don't rely too much on the opinion of a child any younger than that.

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11/25/07, 4:42 pm
Scott R. Jay Law Offices of Scott R. Jay
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Re: child custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The law in Florida does not set an age but children are generally NOT allowed to decide where to live. As they get older, a court may listen to their thoughts but the decision still rests with the court until they reach the age of majority, get married or become emancipated.

Scott R. Jay, Esq.

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11/26/07, 1:11 am

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