How Much Say Does a Child Have Regarding Custody?

In regards to child custody and time-sharing, these are decisions that are made by the court and the parents in an amicable divorce. Hence, if you’re curious as to whether a child has any decision-making leeway into making such decisions, the short answer is no, they do not. Although children can’t make decisions regarding custody or time-sharing, the court may consider their wishes.

The courts must follow Florida laws when deciding parental obligation and a time-sharing timetable. In the case of marriage or paternity, the court must view the best interests of each child. The best interests of a child are discovered by considering variables that impact the child and the family. These may include factors like a parent’s relationship with the child or their ability to address their needs, the parent’s health, and how close the homes are to where the child goes to school.

One of the factors is a child's choice. The court must determine that the child is mature enough, knows what they are requesting, and has the requisite knowledge to develop an opinion. The court will also investigate whether a desire to punish one parent or the other motivates the appeal. Courts also aim to decide whether pressure from one of the parents prompted the request. Last, except when the child reasonably expresses a desire, the courts, as opposed to the child, determine parental obligation and time-sharing schedules without undue interference.

This update is provided by the firm and Miami family lawlawyers of Rafool, LLC. We have a strong reputation throughout Florida and we have numerous years of experience representing clients involved in complex divorce cases as well as other family law matters. Should you have any domestic or family issue, we are here to assist you by providing educated advice and skilled, professional advocacy. Call 305-567-9400 to speak with one of our family law attorneys Miami.

This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.