At What Age Can A Minor Choose Which Parent To Live With In Florida?
The Florida courts consider several elements when it comes to determining custody of a minor child. One of those elements is the child’s own preference, if the child is old enough to make a wise decision. But when is the child wise enough to make that decision? That’s precisely the question that the Orlando, FL child custody attorneys at Greater Orlando Family Law will discuss.
Different types of child custody in Florida
There are two types of child custody in Florida:
- Physical custody – Where the child lives and which parent is responsible for their day-to-day care.
- Legal custody – Which parent has the right to make major decisions on behalf of the child, including education, healthcare, and religious instruction.
Presently, the Florida courts favor shared custody arrangements where both parents have legal decision-making authority over the child.
The “best interests of the child” doctrine
When it comes to child custody decisions, the courts seek to determine the best interests of the child. Under the law, there is no specific age at which a child can choose which parent to live with. Instead, the child’s preference is one of several factors that the court considers when determining which parent will have physical or legal custody of the child.
What role does the child’s preference play in determining custody?
Although there is no specific age at which a child can choose their custodial parent, the court will generally consider the child’s preference if the child is sufficiently intelligent, understanding, and wise to express a preference. The older the child gets, the more likely it is that the court will consider their preference. However, the child’s preference is never the only deciding factor.
Factors that can influence child custody decisions in Orlando, FL
Florida judges must consider several factors when deciding custody. These factors include:
- The child’s age, mental health 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 child’s adjustment to their home, school, and community
- The involvement of each parent in the child’s life
- The moral fitness of the parents
- The geographic location of the parents
- The capacity of each parent to provide a consistent routine
- The child’s preference when the court believes the child is old enough to express one
Can you modify custody based on a child’s preference?
Once a custody order is in place, it can be difficult to change. You must establish that there is a substantial and material change in circumstances to justify the modification. A change in the child’s preference is generally not enough to modify an existing custody order, but it can be a consideration.
Talk to an Orlando, FL Child Custody Lawyer Today
Greater Orlando Family Law represents the interests of parents in child custody disputes. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
