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During divorce proceedings, critical decisions must be made, especially when children are involved. One of the most significant—and often most contentious—issues is child custody. If parents cannot agree on a custody arrangement, the court will decide based on the best interest of the child standard, as outlined in Florida Statute 61.13. At Orlando Family Team, we understand how complex and emotional these decisions can be, and we are here to help guide you through the legal process.
One common question parents and children have is whether a child can choose which parent to live with. While a child’s preference may be considered, Florida law does not grant children the legal authority to make this decision independently.
Can Children Choose Who to Live With in Florida?
Florida law does not provide a specific age at which a child can choose which parent to live with. However, under Florida Statute 61.13, a court may consider the child’s preference if the child is deemed to have sufficient intelligence, understanding, and experience to express a reasonable choice.
When assessing a child’s ability to express a custody preference, the court considers:
- The child’s level of intelligence and maturity
- Whether the child understands the consequences of their preference
- The child’s personal experience living with each parent
- Whether the child’s preference is free from parental influence or coercion
Generally, children 12 years or older are more likely to have their opinions considered in custody decisions, but this varies based on the individual child’s maturity and circumstances. The judge will carefully evaluate the child’s reasoning to ensure it aligns with their best interests.
How Does the Court Weigh a Child’s Preference?
Even if a child expresses a preference, the court will not automatically grant custody based on that preference alone. Instead, the judge will evaluate it alongside other important factors, such as:
- The emotional ties between the child and each parent
- The ability of each parent to provide for the child’s needs
- The stability of each parent’s home environment
- Any history of domestic violence or neglect
The court will also take steps to ensure that the child’s preference is not the result of manipulation or pressure from either parent.
What If There Are Multiple Children?
In cases involving multiple children, the court will evaluate each child’s custody separately. While keeping siblings together is often prioritized, the court may decide differently if separating them better serves each child’s individual needs. The best interest of each child remains the primary concern.
How Does a Child Express Their Preference?
Children are not required to testify in court about their custody preferences. Instead, their input is typically gathered through more private means, such as:
- Interviews with a guardian ad litem, who represents the child’s best interests
- Testimony from an appointed child psychologist or custody evaluator
- Private interviews with the judge (in some cases)
These measures protect the child from the stress of openly choosing between parents in a courtroom setting.
Can a Child’s Preference Impact Custody Modifications?
In some cases, a child’s preference can be a factor in modifying an existing custody arrangement. If a child matures and expresses a strong, well-reasoned preference to live with a different parent, the court may consider modifying the custody order—but only if the change aligns with the child’s best interests. Courts will still evaluate all other custody factors before making a modification decision.
Seeking Legal Guidance for Child Custody Matters
Child custody decisions can have lasting impacts on both children and parents. If you have questions about custody laws or need assistance navigating your case, working with an experienced family law attorney is essential.
Orlando Family Law Attorneys
At Orlando Family Team, we understand how important child custody decisions are for your family. Our dedicated legal team is here to guide you through the process, ensuring that your rights and your child’s best interests are protected. If you need legal assistance regarding custody matters in Florida, contact us today to schedule a consultation.
