Can children decide who they live with in Florida?

Florida courts determine child custody based on the children’s best interests. This depends on a number of factors, including the parents’ abilities and health, the children’s personal relationships and, in some cases the children’s preferences.

There is a belief that a judge must defer to the children’s wishes once they reach a certain age, but this is not the case in Florida. Whether or not the judge listens to the children is up to his or her judgment.

Maturity level

While judges do not have to take into consideration the children’s preferences, most do if they consider them mature enough. Some use an age like 14 as the guiding post. However, others may choose to listen to the wishes of a more mature child of a younger age.

Reason

Because their primary focus is the best interests of the children, judges generally carefully consider why the children want to stay with one parent over the other. If a child wants a parent to have primary custody because that parent is the “fun” parent who is lax on discipline or because the child is going through a rebellious phase, the judge is less likely to rule in favor of the child’s choice.

Florida judges hold all the power in custody decisions. While they may choose to factor the children’s wishes into their decision, and often do, there is no law requiring them to do so. Their duty, and what they base the final ruling on, is always the best interests of the children, which may be the complete opposite of what they want.