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Fort Lauderdale Child Custody: At What Age Can Your Child Choose Who To Live With?

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Negotiating child custody in Fort Lauderdale is one of the most difficult aspects of a divorce or separation. The Broward County Family Court generally encourages child time-sharing, but parents often ask, “At what age can a child choose who to live with?” Our Fort Lauderdale child custody attorney explains when a child’s preference may factor into these proceedings and other ways to give them a voice.

Do Children Have A Say In Fort Lauderdale Child Custody Proceedings?

The Florida Statutes generally encourage child time-sharing arrangements for single parents and those going through a divorce in Fort Lauderdale. These aim to keep both parents involved in the child’s life, but negotiating a schedule can prove challenging.

Does the child get a say in this situation? That depends. Factors a judge is likely to consider include:

  • The child’s age: While there is no specific age requirement, courts generally give more weight to the opinions of older children.
  • The child’s maturity: The judge will assess whether your child understands the situation and can express a preference based on logic rather than emotions or external influence.
  • The reason behind their preference: The court will consider whether the child’s preference is based on genuine needs or whether one parent influenced their opinion.
  • Each parent’s ability to provide for the child: Even if the child prefers to remain with a particular parent, the court may rule against it if there is any question about the parent’s ability to meet the child’s physical and emotional needs.

Giving Your Child A Voice In Fort Lauderdale Custody Proceedings

Having a child appear in court and testify in Broward County child custody proceedings is not always the best idea, even if the child is mature enough to make such a difficult decision. Fortunately, there are other ways to give children a voice, such as:

  • Consulting with them on schedules and making a point of factoring in school activities, sports, and time with friends when making custody arrangements;
  • Accounting for their preferences regarding homework, mealtimes, sleep schedules, and other routines;
  • Giving them options and encouraging them to express their opinion about the type of schedule that works best for them;
  • Not making them choose sides or asking the child to “pick” one parent over the other. Courts may view this as parental alienation, which could seriously jeopardize your rights in custody proceedings.

By allowing children to have input in an age-appropriate and healthy manner, parents can create time-sharing schedules that work for everyone involved without putting the child in the position of having to choose sides.

Schedule A Consultation Today With Our Fort Lauderdale Child Custody Attorney

There are a variety of factors that influence whether children have a say when negotiating child time-sharing in Fort Lauderdale. However, it is possible to give them a voice when making these arrangements without them having to testify in court. To discuss your options, contact Fort Lauderdale child custody attorney Sandra Bonfiglio and request a consultation today.

Sources:

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

browardclerk.org/Divisions/Family

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