When does a child get to choose?

This is a frequent question when people call our office for information. Often children express the desire to live with one parent over the other parent. As you might expect, this issue frequently occurs with teenagers and children on the brink of chronological adulthood. Parents who have had the child in their care are typically concerned that they will lose the child to the other parent; conversely, parents who feel they have been deprived of the bulk of time with the children often want to “file” because the child wants to live with them and they “promised the child” that they would take action. While both positions are understandable, they are both misguided and not reflective of the reality of the law, as it applies in Florida.

THERE IS NO AGE OF CONSENT IN FLORIDA

There is no age of consent in Florida. Florida Courts never change custody just because it is what the child wants. Even if your child is 15, 16, or 17 years old, they do not get to choose. The desire of the child may be taken into consideration by the Court as only ONE factor, but most courts are unlikely to even allow the child to testify– and will often reprimand the parent who seeks to involve the child. In order to even bring a child to court to testify you must file a Motion and obtain special permission of the Court. Courts generally disfavor allowing children to become involved in family law matters. Many people find this to be dismissive of the child’s desires, (most often the parent who wants what the child wants) however, the Court views it as essential to prevent parents from involving the children in the adult matter of the divorce.