Can Children State a Preference in Custody Disputes?

Of all the issues that arise in family law, those involving child custody are some of the most emotional, complex, and challenging to resolve. Things can become even more difficult when a child states that they would rather live with one parent over the other. The courts will always prioritize the child’s safety and well-being. Determining whether the courts will consider the child’s preference is a complicated issue. Below, our Fort Lauderdale child custody lawyer explains in greater detail.

What are the Best Interests of the Child in Florida? 

Due to the fact that the Florida courts will only consider the best interests of the child when making custody decisions, it is important all parents understand what those are. The best interests of the child are outlined in the Florida Statutes and they are as follows:

• The child’s age
• The mental and physical health of the child
• The emotional bond between each parent and the child
• The home environment of each parent
• The ability of both parents to provide for the needs of the child
• The level of involvement each parent has in the child’s life
• How easily the child will adjust to a new school, home, and community
• The moral fitness of each parent
• The physical location of each parent
• The ability and willingness to provide consistency for the child’s daily routines
• In some cases, the preference of the child

When Do the Courts Consider the Preference of the Child?

In other states, the law outlines a specific age when the courts can consider the preference of the child in custody matters. This is not how it works in Florida. In The Sunshine State, the courts only consider the preference of a child if they have adequate understanding, intelligence, and experience. This means the child must be able to clearly state their preference and the reason for their preference. The reason must also be satisfactory to the courts. For example, if a child has a preference to live with their father because their mother is stricter about homework, the courts would not likely consider this a satisfactory reason.

Can You Modify a Child Custody Order Due to the Child’s Preference?

As children become older or circumstances change, the child may develop a preference or change their initial preference. In these instances, it may be possible to petition the court to modify the original order. A change in a child’s preference is not typically enough to warrant a child custody modification. However, when there has been a substantial change in circumstances, such as job loss, and a change in the child’s preference, the court may consider both factors before reaching a decision.

Our Child Custody Lawyer in Fort Lauderdale Provides Sound Legal Representation

There are many factors that determine child custody matters. At Haber Blank, our Fort Lauderdale child custody lawyer can review them with you, guide you through the process, and help ensure you receive the most favorable outcome. Call us now at 954-767-0300 or contact us online to schedule a consultation and to get the legal help you need.

Source:

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