Tampa Child Custody: Can A Child Choose Which Parent To Live With?
When parents in Tampa divorce or separate, one of the most emotionally charged issues is where their child will live. This can be especially challenging if you are dealing with pre-teens and teenagers, who are struggling to adjust to the situation and may have firm opinions on how things should be handled.
While Florida courts do consider a child’s preference in Hillsborough County child custody cases, it’s just one of many factors evaluated when determining what’s in the child’s best interest. Our experienced Tampa child custody lawyer helps you navigate this sensitive situation and explains how age, maturity, and family dynamics impact these decisions.
How Florida Family Courts View a Child’s Preference
Section 61.13 of the Florida Statutes sets the framework for how courts decide parenting plans and time-sharing. The law requires Florida Family Court judges to consider the “best interests of the child,” which includes nearly two dozen specific factors. One of these is the child’s preference, provided the child is of “sufficient intelligence, understanding, and experience.”
There’s no denying that older children are better able to comprehend what’s happening, but that doesn’t mean that they know what is best for them or their family, nor does it automatically give them a say in Florida child custody proceedings. Hillsborough County Family Court judges may consider a child’s preference more seriously when:
- The child is 12 years or older and demonstrates maturity.
- The child can clearly express their wishes and reasoning.
- The child is not being pressured or manipulated by either parent.
- The child’s preference aligns with their emotional, educational, or physical needs.
- Both households are otherwise stable and capable.
Florida does not set a specific age at which a child can decide with whom to live. The court always has final say and may override the child’s request if it determines it is not in the child’s overall best interest.
Additional Factors Tampa Courts Consider in Custody Decisions
In Tampa child custody proceedings, the child’s opinion matters, but it won’t carry the case on its own. The key factors judges consider when deciding where their child lives and each parent’s custody and visitation rights include:
- The geographic distance between parents’ homes.
- The child’s routine, including school and extracurricular activities.
- Each parent’s mental and physical health;
- Their proven ability to meet the child’s needs.
- Any history of dangerous or criminal behavior, including domestic violence and substance abuse;
Another key factor the court considers is each party’s willingness to cooperate with the other and foster a positive co-parenting relationship.
Talk to Our Tampa Child Custody Lawyer About Your Case
Tampa child custody proceedings are never easy. The court’s primary focus is on protecting the child’s long-term security and well-being, not on satisfying immediate, often impractical wishes.
When dealing with disputes over where children should live, Bubley & Bubley, P.A. provides the trusted, experienced legal representation you need. Our Tampa child custody lawyer can review the situation and advise you on your options. Contact our office to arrange a consultation today.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
hillsclerk.com/court-services/family-law
