Tin a Kid Choose Which Parent to Alive With? was last modified: October 25th, 2016 past

Can a child choose who to live with

Can a Child Cull Which Parent to Live With in Florida?

Robert Napper

robert napper

Welcome to the Ayo & Iken legal roundtable. Nosotros tackle the toughest legal issues with down-to-globe commentary you can utilize from our expert panel of attorneys from Tampa Bay to Orlando.


In this edition, we take on one of the more hard questions of whether a kid can brand the decision as to which parent he or she wants to live with. It is a question our attorneys say is commonly asked past clients who take heard their children limited their preferences over living situations. Information technology can be an emotional state of affairs for parents no matter what the child expresses and our attorneys say if there is non a compromise a guess will consider numerous factors. But if a child is younger that child's preference will rarely exist one of them. And you volition meet our attorneys strongly believe that keeping children from testifying in court is usually a judge'southward preference and is in the best involvement of the kid.

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 live with in a divorce?

Alberto Ayo

alberto-head-2

At a certain age, a guess may consider the stance of a kid. The farther away a child is from the tender years, the more likely the approximate will requite that opinion more weight. I would say that age would probably be 15 or 16-years-old. Information technology does not hateful that the opinion of younger children is precluded it's simply mostly at that place needs to exist a certain amount of maturity there for the court to give that opinion.

Alberto Ayo

I always propose my clients that it is not left up the children. It depends on certain circumstances only generally most judges don't let children to come up and speak to them almost their opinion. If they do, information technology'south almost probable through a guardian ad litem.

Beth Clause

Beth Clause

A child cannot cull which parent they want to live until they are 18-years-old. As they become older, nevertheless, their opinion can have a greater weight with the court. Ultimately, information technology is going to be the opinion of the courtroom and what is in the best involvement 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 take had information technology is very rare to find a judge who will even allow a child to express a preference or brand a conclusion based simply on the child's preference. So while the law says a kid tin can technically speak to a court, as a applied thing it's extremely rare. And we accept to remember when nosotros are talking about problems of time-sharing we e'er look to the best interest of the child standard. And so we desire to make sure nosotros don't put the child in a position where they have to choose.

Robert Napper

robert napper

Is information technology mutual for children to testify in court regarding their preferences when it comes to which parent they want to alive with?

Claudia Blackwell

Claudia Blackwell

A guess doesn't want to meet a child testifying in court except nether rare circumstances. In some circumstances, y'all could accept a child testify to a judge in chamber with just the judge and the child. But the best mode to get a child'south preference equally to which parent would exist through an appointed guardian advertisement litem. That, notwithstanding, would merely exist in a state of affairs where the children are older and can offering a preference.

Jason PonderJason Ponder

By and large, in disputes regarding children the courts don't allow the children to decide who to go with. What they exercise is ensure that the children do take a vocalisation. This tin can be done in several means including a guardian ad litem or a psychologist. Mostly, age and maturity of a child also plays an important part as to whether they tin actually testify in court or have an in-chamber give-and-take with the judge. But equally a general rule children should not and do not dictate what happens in custody disputes.

Jeana Vogel

Jeana Vogel

A kid's preference on which parent to alive with is one of xix factors a courtroom can consider. Standing lone it is never enough. There are other circumstances for the court to consider that leads to the overall best interest of the child in order to make up one's mind who that child is going to live with. If the courtroom finds a child is of a sufficient maturity and understanding the child'southward preference can be a factor. The biggest consequence you lot take with this, nevertheless, is most judges practice non desire to talk to children, especially if they are under 14-years-old. And the rules of show also state that parents cannot land in courtroom that a child wants to live with them. So in these cases, sometimes the court will engage a guardian advertizing litem or some practiced that will requite the child a vocalization.

Robert Napper

robert napper

Is hearing from a child in court something you usually want?

Jeana Vogel

Jeana Vogel

In about cases, you desire to do everything you tin to prevent a child from having to testify in court. It is very emotional, particularly if the kid has to testify in front end of both parents. It is even difficult for a child to fifty-fifty just tell a judge who he or she wants to live because they know the judge has the say-so to brand a decision. It can be very impactful on children. So it is important to avoid things like that.

Jennifer Schulte

Jennifer Schulte

Generally speaking, I would say no. The parents are expected to know the all-time interests of the child. The court oversees proceedings to make sure the parents are acting in the best interest of the children. However, as children go older, I would say 16 or 17, the court may recognize to a certain degree their preference every bit a young adult. Merely very, very rarely volition a child to come up into court to evidence against his or her parent.

Robert Napper

robert napper

What exercise you exercise if you take a client whose says their child doesn't want to come across a parent?

Alberto Ayo

alberto-head-2

It'due south not the decision of the kid. Under our system is basic tenet that the pocket-size children are to follow what the parents say. For public policy reasons, y'all could imagine how it would be detrimental to guild if an 8-year-quondam child chooses whether he or she want to spend time with one parent or the other. The family unit textile would begin to deconstruct if a decision like that was left to a child whose mind is not developed and tin can be influenced by many, many factors.

Robert Napper

robert napper

I have heard that question for many years. Luckily I am surrounded by one of the largest group of family unit police attorneys in Florida. I am beginning to think there is no question that would stump this group. Every bit usual, I would like to wrap upwards by expressing a big thanks for giving all of your opinions. Meanwhile nosotros promise to see our readers come up back to the Ayo and Iken roundtable. See yous so !

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

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