As children get older, they may develop strong opinions about where they want to spend their time. A teenager might prefer living closer to friends and school, while a younger child may want to stay with the parent who has fewer rules. But does Florida law let a child choose which parent to live with?
The answer is no. Florida does not set a specific age when a child can make that decision. Instead, a judge considers the child’s preference as part of a broader review of the child’s best interests.
How much weight does a child’s preference carry?
Florida Statutes § 61.13 lists the child’s reasonable preference as one factor a court may consider when deciding a parenting plan. The court first considers whether the child has enough maturity, intelligence and experience to express a meaningful preference.
There is no automatic rule that gives a 12-, 14- or 16-year-old the final say. An older child’s preference may receive more consideration when the child can explain a well-reasoned choice. However, the judge still weighs that preference against other factors involving the child’s welfare.
For example, a judge may consider:
- The child’s age, emotional intelligence and overall maturity level
- The specific reasons behind their preference, such as school proximity or parental alienation
- The stability of each parent’s home environment
- The ability of each parent to maintain a healthy relationship with the child
These factors help the court decide whether a proposed timesharing arrangement serves the child’s best interests.
Your child’s voice matters, but does not decide the case
A child expressing a preference can become an important part of a timesharing dispute, but putting the child in the middle can create additional problems. Encouraging a child to choose sides or act as a messenger between parents may affect how the court views a parent’s ability to support the child’s relationship with the other parent.
Seeking legal assistance can help you present relevant facts about your child’s preference while keeping the focus on the child’s best interests.
The judge has the final say
Your child may have an opinion about where they want to live, but Florida law does not give them the power to make the final decision. The court remains responsible for establishing the parenting plan and timesharing schedule based on the child’s best interests.
