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Child Custody- When can children decide with whom they want to live?

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The short answer in Florida is–not until they are an adult.  It is a common misapprehension of the law that when a child turns 13 he or she can choose which parent they wish to live with. This is not true in Florida.

Although, the child’s preference where he or she wants to live may play a small part in a custody determination, children are not allowed to choose where they want to live until they turn 18. Up until that point, the court may consider their preference but can give it as much or as little weight as the court chooses depending on how mature the court feels the child is, how competent the child is to testify, and why the child prefers to live with one parent over the other.

In some instances, where all other things between the parents are equal in terms of suitability to have the child reside with them, the court may follow the child’s wishes. However, in almost all instances this is not the case and instead the child’s preference is just one of many factors for the court to consider in determining what timesharing arrangement is in the best interest of the child. Once they become legal adults, they can choose but not until then.

If you have the need for assistance with a child custody issue, contact the experienced Gainesville Child Custody Attorneys of the Law Office of Alba & Yochim P.A.

Confidential Consultation

Please call our Gainesville Child Custody attorneys J. Mark Dubose, Jr. or Karen S. Yochim at the Law Office of Alba & Yochim, P.A. Let them put their more than 30 years of combined experience to work for you.

The information featured on this site is provided by the Law Office of Alba & Yochim P.A. for informational purposes only. It was not intended as legal advice. Please consult a lawyer licensed in your own state or country before acting upon any of the legal information located on this Web site. We invite you to contact our law firm, as we welcome all inquiries, but be aware that this initial contact does not constitute an attorney-client relationship. Do not send confidential information to the Law Office of Alba & Yochim P.A. before an attorney-client relationship has been established. Prospective clients may not obtain the same or similar results. Law Office of Alba & Yochim P.A. | 2700 NW 43rd Street, Ste D Gainesville, FL 32606