Many families in Florida wonder if children can pick which parent to live with after a divorce. While this is a very important question, it does not always have a simple answer.
Like other states, Florida has rules about deciding where children should live when their parents separate. These rules look at many things, not just what the child wants. Nevertheless, a child’s preference may carry some weight in the court’s decision.
What factors do courts consider when creating time-sharing schedules?
When determining time-sharing schedules (formerly known as custody arrangements), Florida courts consider several important factors. These factors are designed to ensure the arrangement meets the best interests of the child.
While the specific details can be complex, some key elements that judges evaluate can include:
- The relationship between each parent and the child
- Each parent’s ability to care for the child
- The child’s current living situation and any potential changes
- The child’s school and community ties
- Each parent’s willingness to support the child’s relationship with the other parent
- The child’s preferences, depending on their age and maturity
- Any history of domestic violence or substance abuse
Note that every case is unique, and courts carefully weigh all the relevant factors to make decisions that best serve the child’s well-being.
When do courts consider the child’s preference?
In some states, children as young as 12 may have their preferences considered. Other states set the age at 14 or even 16. In Florida, however, there is no specific age when a child can provide input in time-sharing agreements.
It is usually up to the judge whether they will consider the child’s preference. For example, they might assess the child’s maturity level and ability to understand the situation before taking their preference into account. That said, older kids might have more say since they are more likely to have reasonable preferences.
Generally, however, a child cannot unilaterally choose which parent to live with. Their preference may hold some weight, but it is not the only factor courts look at.
Your child’s best interests are the priority
When it comes to time-sharing agreements, court decisions typically center around the child’s health, safety, happiness and well-being. Your child’s wishes may carry influence, but it is not always a guarantee.
Uncertainties like this can be less confusing with a legal professional by your side. If you are going through divorce and time-sharing arrangements, consider talking to a divorce attorney who can provide guidance every step of the way.