When Can a Child State a Child Custody Preference?

Child custody is one of the most emotionally charged issues in family law. This is particularly true when a child wants to live primarily with one parent over the other. The state courts in Florida will only prioritize the best interests of the child but the question of if, or when, a child can state a preference in child custody matters can become complicated. Below, our Tampa child custody attorney explains further.

How are Child Custody Decisions Made in Florida? 

The family courts in Florida will only consider the best interests of the child when making child custody decisions. The factors taken into consideration include, but are not limited to:

• The child’s age
• The mental and physical health of the child
• The stability of the home environment provided by each parent
• The relationship between the child and each parent
• How well-adjusted the child is to their school, home, and community
• The level of involvement each parent has in the child’s life
• The geographical location of each parent
• The moral fitness of each parent
• The ability and willingness of each parent to provide a daily schedule and consistent routine for the child
• The preference of the child, in certain situations

A Tampa child custody attorney can outline all of the factors considered when these decisions are made, and advise on how they will impact your child custody situation.

When Can a Child Decide?

There is no specific age when a family law judge will take the child’s preference into consideration. The preference of a child will also never be the sole factor taken into consideration. However, if the courts find a child to be of sufficient understanding, intelligence, and experience to express a preference, the court may take their preference into consideration.

The preference of a child usually becomes more pertinent as a child gets older. For example, a court is more likely to consider the preference of a teenager more heavily than they will the preference of a young child. This is due to the fact that a teenager is likely more mature than a young child and therefore, can exercise better judgment.

What if a Child Changes Their Mind? 

There are times when the court may issue an order reflecting the child’s preference, but the child changes their mind. In certain scenarios, it is possible to petition the court to modify the original order. A change in the child’s preference is not typically enough to justify a child custody modification. The courts will need proof that there has been a significant change in circumstances. For example, if a child no longer wants to live with one parent because they have developed a substance abuse problem, those two factors combined may be enough to warrant a modification.

Our Child Custody Attorney in Tampa Can Help with Your Case 

If you have a child custody issue, do not try to resolve it on your own. At Florida Law Advisers, P.A., our Tampa child custody attorney can guide you through the process, ensure your rights are upheld, and help you obtain the best possible outcome. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html