Can a 12 year old decide which parent to live with in Florida?
In Florida, the age a child can choose a parent to live with will depend on the child’s overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child’s preference.
Can a 12 year old child decide which parent to live with?
With regard to children under age 12, the court has discretion to hear the child’s parental preference, but is not required to do so. Because the legal age a child can choose which parent to live with is only one factor the judge considers, it is never conclusive evidence or determinative of the outcome.
Does a 12 year old have a say in custody?
Although the law specifically permits children at least 14-years–old to express an opinion, there is no specific age when a judge will listen to a child’s opinion. California statutes also permit a child younger than 14 years old to testify regarding a custodial preference, unless the court decides it’s not in the
At what age can a child testify in family court in Florida?
The majority of judges feel that a child’s testimony should be elicited at no sooner than 13 years of age. The Florida legislature has not provided a specific age-range to judges, so the discretion really rests with the court to decide.
How long does a father have to be absent to lose his rights in Florida?
A parent who drops off his or her child at a relative’s home and then vanishes can be found to have abandoned the child if a sufficient period of time has passed. In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.
What makes a parent unfit in Florida?
According to Florida Statute 751.05, in order for a parent to be found unfit, they must have abused, neglected, or abandoned the child. A parent may also be found “unfit” if they have a recent or long-standing history of drug abuse or mental illness.
Can a 13 year old refuse visitation?
The legal answer may be “yes” even though the ethical answer could be “no” in some situations. Under the law, each parent must follow a custody order exactly. However, obviously parents may have less control over a teenage child who is refusing visits.
Can a 10 year old decide which parent to live with?
In law, there is no fixed age that determines when a child can express a preference as to where they want to live. However, legally, a child cannot decide who they want to live with until they are 16 years old. Once a child reaches the age of 16, they are legally allowed to choose which parent to live with.
How can a mother lose custody to the father?
Physical or emotional abuse of the father or sibling: No child should witness abuse. If a mother exposes a child to physical abuse of the father or the child’s sibling, that is proper grounds for the mother to lose custody of the child.
At what age will a judge listen to a child?
If children are old enough—usually, older than 12 or so—a judge may talk to them to find out their preferences about custody and visitation. Some states require courts to consider kids’ views, but others disapprove of bringing the kids into it at all.
Can a child refuse to see a parent?
The court will generally order reasonable visitation rights unless this would seriously harm the child. Visitation is not absolute. Child refuses to visit: as long as this refusal reflects the child’s true wishes and there has been no negative influence by the other parent, the court may decide not to order visitation.
At what age can a child decide they don’t want to see a parent?
I like to tell the parent I am meeting with “there is a magic age when your child can choose, and that age is 18.” This usually gets a chuckle. In the majority of states, including Texas, children under the age of 18 cannot legally make the decision themselves whether or not to see their parent.
At what age can a child decide not to visit non custodial parent in Florida?
A child may elect which parent he or she wishes to live with at the age of 14; also, a child 14 years or older can elect not to visit with the noncustodial parent but the court has the right to abide by such wishes or overrule them.
What age can a child speak in court?
As a rule of thumb, most courts will consider a child of the age of 14 or older qualified to speak in such a manner. However, courts also understand that every child is different, and that they develop emotionally and physically at different rates and ages.
Can a 6 year old testify in court?
Generally, children as young as three or four years old may qualify to testify, but some children are simply too young or too immature to be competent witnesses. In order to determine whether a child is competent, the judge interviews the child, usually in the judge’s chambers or in a closed courtroom.