At What Age Can A Child Choose Which Parent They Live With?

Navigating child custody is among the most daunting issues that need to be settled in a divorce. When deciding child custody, the courts take several factors into consideration. One of those factors is the preference of the child, if they’re old enough and mature enough to make a decision. Regardless of the child’s preference, the courts prioritize the best interests of the children. That’s not always what the child wants. In this article, the Orlando family law attorneys at Greater Orlando Family Law will discuss when the child is old enough to have their wishes considered by the court.

Two types of child custody in Florida 

Child custody is a legal concept affording the protection and care for a child to one parent. There are two types of custody under Florida law: Legal custody and physical custody.

• Legal custody – Whether or not a parent has the right to make key decisions on a child’s behalf. This includes decisions affecting their education, healthcare, and religious upbringing.

• Physical custody – Whether or not a child lives with a parent and the parent is responsible for their day-to-day care.

Physical and legal custody can be awarded to one parent or jointly to both parents.

What does Florida law have to say about child custody decisions? 

The law requires all judges to make decisions regarding child custody on the basis of the best interests of the child. The law does not set a specific age at which the child can choose which parent they want to live with. Instead, the court will consider several factors to determine which parent will have physical and legal custody of the child. Such considerations are outlined in Florida Statute 61.13.

What is the role of the child’s preference in Florida? 

While there is no specific age at which the child’s preference suddenly matters, a child can voice their preference in court. The court will only consider the child’s preferences if the child is found to be of sufficient intelligence, understanding, and experience to express a preference. In most cases, the older a child gets, the more weight their preference has over the court’s decision. It’s important to understand, however, that the child’s preference is never the sole deciding factor.

What factors influence custody decisions in Florida? 

• The child’s age, mental and physical health
• The emotional bond between the child and each parent
• Each parent’s ability to provide for the child’s needs
• The stability of each parent’s home environment
• The involvement of each parent in the child’s life
• The way the child is adjusting to their home, school, and community
• The geographic location of the parents
• The moral fitness of the parents
• The ability of each parent to provide a consistent routine for the child
• The child’s preference, if the court believes that the child is old enough to express one

Talk to an Orlando Family Law Attorney Today 

Greater Orlando Family Law represents the interests of Orlando residents during their divorce. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.