Parents often wonder if their child has the legal right to choose which parent they want to live with. Ultimately, there is no straightforward answer to this question. Courts will consider a number of factors in child custody cases, and the child’s preference is only one of these considerations.
Here is a broad overview of FL’s approach to child preference in a custody dispute.
The Legal Age for Preference
In Florida, the law does not specify a particular age at which a child's preference may be considered in custody decisions. Instead, the court assesses the child's maturity and ability to make an informed choice.
The court may note a younger child’s preference. However, it generally gives these opinions less weight compared to those of older, more mature children. A child’s preference is just one component of the overall evaluation, but as children approach their teenage years, their wishes often carry more influence in the court's decision-making process.
No matter the child’s age, the court’s primary concern remains the child's best interest. Courts will carefully evaluate any expressed preferences alongside other critical factors to ensure the child's well-being and stability.
Other Factors the Court Considers
When determining custody arrangements, the court evaluates several key factors centered on the child's best interest.
These factors include:
- Parents’ and children’s mental and physical health
- The child's well-being, including their emotional and psychological needs
- The child's relationship with each parent, including the bond and the quality of interactions (The child’s preferences could impact this evaluation.)
- Each parent’s ability to provide a stable environment is scrutinized, including their home, financial stability, and ability to maintain a consistent routine
Expert Testimonies
In custody decisions, courts often utilize testimonies from counselors, psychologists, and other experts. Doing so provides a comprehensive evaluation of the child's best interests.
These professionals can assess the child's emotional, psychological, and developmental needs. Then, they can offer unbiased insights that are critical for informed judicial decisions. Their evaluations can highlight any underlying issues, such as mental health concerns, that may not be immediately apparent.
Expert opinions significantly impact custody decisions. Judges rely on these testimonies to ensure the child's well-being is prioritized. Experts can advocate for necessary interventions or recommend specific custody arrangements that best support the child's growth and stability. Their insights often carry considerable weight, potentially influencing the final custody arrangement to better serve the child's needs.
Modifying Custody Orders
To initiate a modification, a parent must file a petition in the family court. This petition outlines any substantial life changes that justify the modification. Such changes can include a significant shift in the child's needs or preferences, a change in one parent's living situation, or issues related to the child's safety and well-being.
Legally, Florida courts don’t readily accept modification requests without substantial evidence. The petitioner must demonstrate that circumstances have changed considerably and unexpectedly since the last custody order.
Additionally, the modification must be in the child’s best interest. Courts can consider a child’s wishes in a custody modification. However, the child must present a mature and well-reasoned preference.
The timescale for custody modifications varies based on the complexity of the case and the court's schedule. Typically, the process includes several steps: filing the petition, serving the other parent, and attending mediation sessions or court hearings. Once a parent files the petition, the court may order a temporary custody arrangement pending the final decision.
The entire process can take several months, during which the court will carefully review all evidence, potentially including new psychological evaluations and expert testimonies. Ultimately, the court aims to expedite matters while ensuring a fair and thorough assessment to protect the child's interests.
If you have concerns about your current child custody arrangements, or you are engaged in a new custody dispute, Orshan, Spann & Fernandez-Mesa can help. To schedule time with our team, contact us online or call our office at (305) 853-9161.
