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.
Can I choose to live with my dad at 13?
If your parents cannot agree on who you live with, or on how much time you will spend with each of them, then it is ultimately up to a judge to decide. But since you are 13, the judge will likely give considerable weight to your wishes when making his or her decision.
Can a 13 year old decide who they want to live with?
The child can not dictate who he or she will live with. You will need to have your child’s preferences considered through a Guardian ad Litem.
What is the legal age for a child to decide which parent to live with in Florida?
A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court.
How old does a child have to be to live with the other parent?
While no law permits the child to choose their custody status, most California courts believe 14 years of age is old enough to express themselves and the reasons why they prefer one parent over the other.
Can my mom take my phone if my dad pays for it?
Yes. Your mom can take the phone away or ask for a password.
Can I choose to live with my dad at 12?
In some states, the judge must determine whether permitting the child to state a preference is even in the child’s best interests. Usually by 12 years old a child can testify. As the child gets older, his or her wishes carry more weight.
How do I prove I am a better parent in court?
Prove You’re the Better Parent
- The physical well-being of the child: For example, focus on your child’s routine, sleeping habits, eating schedule, and after-school activities. …
- The psychological well-being of the child: For example, making sure that the child has access to liberal visitation with the other parent.
Can a child refuse to see a parent?
In cases where parents can’t agree, a judge will decide visitation and custody based on the child’s best interests. … Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.
How can a mother lose custody to the father?
In California, a mother can lose custody of her child if she is an unfit parent. Serious neglect, violation of an existing custody order, child abuse, and emotional instability can be used as grounds to end a mother’s custody rights.
At what age will a judge listen to a child?
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 …
Can a 7 year old stay home alone for an hour?
Kids should never be left alone until they are 8 years old, and kids between the ages 8-10 shouldn’t be left for more than an hour-and-a-half or during night-time hours. … Kids ages 11-13 may be left alone up to three hours but not “late at night.” Per her research, only kids 16 and up may be left unsupervised overnight.
Is Florida a mom State?
Under Florida law, the mother is the natural guardian of a child born out of wedlock. … The unwed mother has legal custody of the child automatically. Naming the father on a birth certificate does not grant them any rights in the State of Florida.
What do judges look at when deciding custody?
Judges must decide custody based on “the best interests of the child.” The “best interests of the child” law requires courts to focus on the child’s needs and not the parent’s needs. The law requires courts to give custody to the parent who can meet the child’s needs best .
Do you have to force a child to go with the other parent?
Let’s face it: No one can (or should) force children to visit with their parent if they don’t want to. However, there can be legal ramifications in cooperating with a child’s visitation refusal. … Assure your children that both parents love them and that you want them to spend time with their other parent.
Can a child divorce one parent?
A minor generally cannot become emancipated from just one parent unless there is only one parent, such as when one of the minor’s parents has died, or has terminated their parental rights. Emancipation of a minor terminates all parental custodial rights, which in turn makes that minor an adult for legal purposes.