Can a Kid Choose Which Parent to Alive With? was terminal modified: October 25th, 2016 by

Can a child choose who to live with

Tin can a Child Choose Which Parent to Live With in Florida?

Robert Napper

robert napper

Welcome to the Ayo & Iken legal roundtable. We tackle the toughest legal problems with downwardly-to-globe commentary you can use from our expert panel of attorneys from Tampa Bay to Orlando.


In this edition, we have on one of the more hard questions of whether a child can make the decision as to which parent he or she wants to live with. It is a question our attorneys say is unremarkably asked by clients who have heard their children express their preferences over living situations. It tin be an emotional situation for parents no matter what the child expresses and our attorneys say if there is not a compromise a approximate will consider numerous factors. Only if a child is younger that kid'due south preference will rarely be 1 of them. And y'all volition see our attorneys strongly believe that keeping children from testifying in courtroom is usually a guess'south preference and is in the best involvement of the child.

We talked about the issue with New Port Richey Attorneys Bruce Przepis and Allison Belcher; Orlando Attorneys Jason Ponder, Jennifer Schulte, and Beth Clause; Tampa Attorneys Alberto Ayo and Jeana Vogel; and St. petersburg/Clearwater Attorney Claudia Blackwell. Here is what they had to say:

Tin a child choose which parent to alive with in a divorce?

Alberto Ayo

alberto-head-2

At a certain age, a guess may consider the opinion of a child. The farther away a kid is from the tender years, the more probable the approximate volition give that opinion more weight. I would say that age would probably be 15 or 16-years-one-time. Information technology does not mean that the opinion of younger children is precluded it's but generally at that place needs to be a sure corporeality of maturity at that place for the courtroom to give that stance.

Alberto Ayo

I e'er advise my clients that information technology is not left upward the children. It depends on certain circumstances but mostly nigh judges don't allow children to come and speak to them about their opinion. If they do, it'due south most likely through a guardian advertizement litem.

Beth Clause

Beth Clause

A kid cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion tin can accept a greater weight with the courtroom. Ultimately, it is going to be the opinion of the court and what is in the best interest of the child.

Bruce Przepis

Bruce Przepis

I am asked that question on a fairly frequent basis. One of the factors is the wishes of the kid. There is no magic age but in well-nigh all the cases I have had it is very rare to discover a approximate who will even allow a child to limited a preference or brand a decision based merely on the kid's preference. So while the law says a kid can technically speak to a courtroom, equally a practical thing it'south extremely rare. And nosotros have to call back when we are talking virtually issues of fourth dimension-sharing nosotros always look to the all-time interest of the child standard. So nosotros want to make sure we don't put the child in a position where they have to cull.

Robert Napper

robert napper

Is it common for children to testify in courtroom regarding their preferences when it comes to which parent they desire to alive with?

Claudia Blackwell

Claudia Blackwell

A judge doesn't want to see a kid testifying in court except under rare circumstances. In some circumstances, yous could have a kid testify to a judge in chamber with just the judge and the kid. But the best mode to get a child'due south preference as to which parent would exist through an appointed guardian ad litem. That, nonetheless, would merely exist in a situation where the children are older and tin offer a preference.

Jason PonderJason Ponder

Generally, in disputes regarding children the courts don't let the children to make up one's mind who to get with. What they exercise is ensure that the children do have a vocalisation. This can be washed in several means including a guardian ad litem or a psychologist. Generally, age and maturity of a child also plays an important role as to whether they tin actually testify in court or have an in-chamber word with the judge. But as a general rule children should not and exercise non dictate what happens in custody disputes.

Jeana Vogel

Jeana Vogel

A child'southward preference on which parent to live with is i of nineteen factors a court can consider. Standing alone it is never enough. There are other circumstances for the court to consider that leads to the overall best interest of the child in social club to determine who that child is going to live with. If the court finds a child is of a sufficient maturity and agreement the child'southward preference tin can be a factor. The biggest issue you have with this, nevertheless, is most judges exercise not want to talk to children, particularly if they are under 14-years-old. And the rules of evidence also land that parents cannot state in courtroom that a child wants to live with them. So in these cases, sometimes the court will appoint a guardian ad litem or some skilful that will requite the child a voice.

Robert Napper

robert napper

Is hearing from a kid in court something you unremarkably want?

Jeana Vogel

Jeana Vogel

In nigh cases, you want to do everything you tin to preclude a child from having to prove in courtroom. It is very emotional, especially if the kid has to testify in front end of both parents. It is even difficult for a child to even simply tell a approximate who he or she wants to alive because they know the gauge has the authorization to make a decision. Information technology can be very impactful on children. Then it is of import to avert things like that.

Jennifer Schulte

Jennifer Schulte

Generally speaking, I would say no. The parents are expected to know the best interests of the child. The court oversees proceedings to make sure the parents are interim in the best involvement of the children. However, as children go older, I would say 16 or 17, the court may recognize to a certain degree their preference as a young developed. But very, very rarely will a kid to come into court to show against his or her parent.

Robert Napper

robert napper

What practice you practise if yous take a client whose says their child doesn't want to run across a parent?

Alberto Ayo

alberto-head-2

It's not the decision of the child. Under our system is basic tenet that the minor children are to follow what the parents say. For public policy reasons, you could imagine how information technology would be detrimental to social club if an viii-yr-old child chooses whether he or she want to spend fourth dimension with 1 parent or the other. The family fabric would brainstorm to deconstruct if a decision like that was left to a child whose mind is not developed and can exist influenced by many, many factors.

Robert Napper

robert napper

I take heard that question for many years. Luckily I am surrounded past ane of the largest group of family law attorneys in Florida. I am beginning to think there is no question that would stump this group. As usual, I would like to wrap upward by expressing a big thank you for giving all of your opinions. Meanwhile nosotros hope to see our readers come back to the Ayo and Iken roundtable. See you and so !

Our specialized content, video, and other informative media are based on input from Ayo and Iken team members, outside guests, erstwhile team members of Ayo and Iken, independent journalists, and subject-matter authorities. The opinions expressed do not necessarily reverberate the official position of Ayo and Iken. Attorneys that are not electric current team members at Ayo and Iken may exist reached through their member list on the Florida Bar website: www.flabar.org

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