Quick Answer: What Age In Florida Family Law Can A Child Make A Decision?

At what age does a child have a say in custody in Florida?

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.

When can a child legally decide not to see a parent?

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.

At what age can a child testify in family court in Florida?

In Florida, children can testify in court when they are “of sufficient age and maturity”. No specific age is mentioned in the law. Children can testify at the discretion of the family court judge, based on an attorney’s request. The judge rules on the request at a separate hearing.

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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

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 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.

What happens when a child doesn’t want to visit the other parent?

A parent who refuses to allow the other parent to see the child or fails to follow the terms of a custody order could face contempt charges. The parent missing out on visitation can file an Order to Show Cause with the court stating that the other parent is preventing visits.

Can a court force a child to see a parent?

In the end, courts can force people to do things, but they can’t force people to want to do things. The answer to the question, therefore, must still be: no, the courts cannot force a parent to see a child.

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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.

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 is an unfit parent in Florida?

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.

Can a mother move a child away from the father in Florida?

Yes, under Florida Statute 61.13001, approval from the other parent or the court may be required before relocating with a child. If a parent objects to the relocation, the judge will decide the case based on the best interests of the child.

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.

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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.

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.

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