Do Courts Consider a Child’s Preference in Custody Matters?

In family law, child custody issues are some of the most emotional and difficult to resolve. When a child wants to live with one parent more than the other, it can make things even more challenging. The child’s best interests are always the priority of the courts in custody matters and determining if a child’s preference will be considered is complex. Below, our Orlando child custody lawyer explains in further detail.

Understanding the Best Interests of the Child 

Again, when making decisions regarding child custody, the courts in Florida will only consider the best interests of the child. The Florida Statutes outline many factors regarding the best interests of the child and they are as follows:

• The age of the child
• The physical and mental health of the child
• The emotional bond between the child and each parent
• The stability of each parent’s home environment
• The ability of each parent to provide for the child’s needs
• Each parent’s level of involvement in the child’s life
• How easily the child will adjust to a new home, community, and school
• The morality of each parent
• The geographic location of each parent
• The willingness and ability of each parent to provide consistent daily routines for the child
• In certain situations, the preference of the child

Although a child may have a preference, the court will only take it into consideration in certain circumstances.

When Will the Courts Consider a Child’s Preference? 

In some states, the law specifies that the courts will consider a child’s preference when they are of a certain age. This is not the case in Florida. In The Sunshine State, the court will only consider a child’s preference if they have sufficient intelligence, understanding, and experience. Typically, the courts give a child’s preference greater weight the older a child is. Even in these instances, the child’s preference is never the sole factor considered in custody matters.

Modifying Child Custody Based on a Child’s Preference 

After a child custody issue is resolved, the court will issue an order stating the terms. This order is final and legally binding. However, there are times when parents may need to modify the order. To modify a child custody order, you must show that there has been a substantial change of circumstances.

As children become older, they may develop a preference to live with one parent over the other, or their preference may change. In most cases, the child’s preference alone is not enough to modify a child custody order. However, if there has been a substantial change of circumstances along with the child’s preference, both can be argued when trying to modify child custody orders.

Our Child Custody Lawyer in Orlando Can Help with Your Case 

Decisions regarding child custody are complex and there are many factors considered. At Anderson & Ferrin, P.A., our Orlando child custody lawyer can review the facts of your case, provide the legal advice you need, and ensure you receive the best outcome possible. Call us today at 407-412-7041 or contact us online to schedule a consultation and to learn more about how we can help.

Source:

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