Question: How Old Does A Child Have To Be To Make The Decision On Which Parent To Live With In Florida?

Can children decide which parent to stay with?

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.

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

Can a child choose who they want 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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At what age can a child decide to stay with one parent?

While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.

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.

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.

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.

What age does a child have a say in court?

If the question of who the child is to live with has to be resolved through court proceedings, then the courts will start to place weight on a child’s wishes when they are considered competent to understand the situation. This can be around the age of 12 or 13 but varies on the circumstances.

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What age can a child make their own decision?

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

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 does Florida define unfit parent?

According to Florida Statute 751.05, in order for a parent to be found unfit, they must have abused, neglected, or abandoned the child. A parent may also be found “unfit” if they have a recent or long-standing history of drug abuse or mental illness.

At what age can a child say where they want to live?

In California, your child will be heard at age 14 or older with regard to who he or she would prefer to live with.

What questions does a judge ask a child?

Here are some questions that a judge may ask during a child custody hearing:

  • What Is Your Financial Status?
  • What Type of Custody Arrangement Are You Seeking?
  • How Is Communication With the Other Parent?
  • Do You Have Any Existing Arrangements?

How can a mother lose custody?

Top 4 Reasons That Could Cause a Mother to Lose Child Custody

  1. Physical abuse of the child. If this type of abuse is reported to law enforcement or child protective services who then act, custody could be revoked.
  2. Physical abuse of the partner.
  3. Neglect.
  4. Violation of a court order.
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How do you prove best interest of the child?

You can demonstrate this by showing that you have enrolled your child in school, are involved in their education and upbringing, have participated in extracurricular activities, and have made other parenting decisions demonstrating an interest in nurturing your child.

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