When Can a Child State a Preference for Child Custody In Florida?

Child custody issues are some of the most difficult and emotional in family law. This is particularly true when a child prefers to live with one parent over the other. In Florida custody issues, the priority is always the child’s best interests. Determining if a child can state a preference in custody cases is a complicated matter. Our Tampa child custody attorney explains more below.

What are the Best Interests of the Child in Florida?

In Florida, the best interests of the child guide any custody decision. There are many factors considered in the state’s statutes and they are as follows:

• The age and mental and physical health of the child
• The ability of each parent to provide for the needs of the child
• The emotional bond between each parent and the child
• The stability of the home environment of each parent
• How involved each parent is in the life of the child
• How the child will adjust to their community, home, and school
• The moral fitness of each parent
• The geographic location of each parent
• The ability and willingness to provide a consistent daily schedule and routines for the child
• The preference of the child, in certain situations

While a child’s preference is factored into the best interests guidelines, it is not always taken into consideration.

When is a Child’s Preference Considered? 

Unlike in some other states, there is no specific age at which a child can state their preference for their custodial parent. Instead, the courts will consider a child’s preference if they have sufficient understanding, intelligence, and experience. The courts will usually give a child’s preference more weight the older a child gets. Still, the child’s preference is never the sole factor considered in custody matters.

Can You Modify Custody Based on Your Child’s Preference?

 While child custody orders are final and legally binding, this does not mean they cannot be modified in the future. To obtain a child custody modification, you must show there  has been a substantial change of circumstances. As children become older, they may develop a preference for the parent they want to live with.

A child’s preference is not the only factor considered when the court decides on modification matters. However, if there are other substantial changes and the child’s preference has changed, the court will likely consider it.

Our Child Custody Attorney in Tampa Can Advise On Your Case 

Child custody decisions are very complicated and there are many factors involved. As you move through a dispute, it is important to work with a Tampa child custody attorney who can provide the legal advice you need  to obtain the best possible outcome. At All Family Law  Group, P.A., our experienced attorney can guide you through the process, answer all of your questions, and provide the support you need. Call us today at 813-672-1900 or fill out our online form to schedule a free consultation with our experienced attorney and to learn more about how we can help. Se Habla Espanol.

Source:

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