Often asked: At What Age Can A Child Make Custody Decision In The State Of Florida?

At what age can a child in Florida decide who they want to live with?

As a general rule, children 12 years of age and older are seen as eligible to make a decision on which parent they want to live with, simply because they most often meet the criteria described above.

Can a 12 year old decide which parent to live with in Florida?

In Florida, the age a child can choose a parent to live with will depend on the child’s overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child’s preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.

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Can a 13 year old decide who they want to live with?

Although the law specifically permits children at least 14-years-old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the

At what age can a child legally decide who to live with?

When a child reaches the age of 16 they are legally able to decide where they wish to live unless there is a residence order or child arrangements order specifying living arrangements which lasts until a young person is 18.

What is considered an unfit parent in Florida?

Florida Statute §751.05 states that the court must find that a parent has abandoned, abused, or neglected a child to find that a parent is unfit. A parent may also be found unfit if the parent has a mental illness or substance abuse problem.

Is Florida a 50/50 child custody State?

Is Florida a 50/50 Custody State? Divorce is a stressful time, and even more so when young children are involved. You may have heard Florida is a 50/50 child custody state, but there is no statutory requirement that mom and dad will split 50/ 50 parenting time – in fact, nowhere is this mentioned in Florida custody law.

How long does a father have to be absent to lose his rights in Florida?

A parent who drops off his or her child at a relative’s home and then vanishes can be found to have abandoned the child if a sufficient period of time has passed. In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.

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Can a child refuse to see a parent?

In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

Is Florida a mother or father state?

Under Florida law, the mother is the natural guardian of a child born out of wedlock. The unwed mother has legal custody of the child automatically. Naming the father on a birth certificate does not grant them any rights in the State of Florida.

What if your child doesn’t want to live with you?

If your child is adamant about not wanting to live with you or not wanting to hold any visitation with you, the best thing for you to do is to talk with your child about his/her feelings. Maybe this is just their way of acting out, or maybe they do have some valid concerns that you weren’t completely aware of.

Can a 14 year old choose where they want to live?

There is no fixed age when a child can decide on where they should live in a parenting dispute. Instead their wishes are one of many factors a court will consider in reaching a decision. That time is not attached to any specific age, but is rather the product of maturity and a level of independence.

Can a 10 year old decide which parent to live with?

In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.

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Do I have a legal right to know where my child is?

You are entitled to know where your children will be staying unless there are mitigating circumstances which won’t apply to you. (usually due to abuse). A mobile phone is not suitable contact as he can switch it off or there can be no signal.

At what age is a child able to make decisions?

Legally, children can make their own decisions when they reach the age of majority, which is 18 years of age. This can include decisions about visitation.

Can a 10 year old child stay home alone?

Most states don’t have laws stipulating how old a child needs to be to stay home alone. Most experts say that by age 10 or 11, it’s OK to leave a child alone for short periods of time (under an hour) during the day, provided they’re not scared and you think they’re mature enough to handle it.

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