Living with Mom or Dad: When does the child’s preference matter? The Law Office of Silverman, Vorhis & Doan Attorneys Gainesville Florida

Living with Mom or Dad: When does the child's preference matter?

Posted by: Joshua Silverman
July 24, 2011
Topic: Child Custody and Parenting Plans

We often get the following question from our clients: "My child want to live with me and not his father; does that matter?"

The simple answer is that if the child is old enough, his or her preference does matter, but often not as much as people think. There are a few things someone getting divorced need to realize when it comes to the parental preference of the children in a divorce:

No Bring Line Age

There is no bring line age at which the child's parental preference is controlling. There is no bright line age when the child will even be allowed to testify to his or her preference. You should consult with an experienced family law attorney about how to best approach the issue of the child's time sharing schedule (formerly known as "custody"). The attorneys of Silverman, Vorhis and Doan can help guide you through this process and tell you how local judges have handled this matter in the past.

Preference Never Controlling

Even once a child reaches the ages of 16 or 17, his or her parental preference is not controlling. The Court is always bound to determine the best interest of the child. If the Court believes it would be better to place the child with one spouse as opposed to the other, it will do so, even over the child's strong preference.

Practical Tip: Minor children cannot come to court or testify without the prior approval of the court. NEVER bring a child to court without a WRITTEN order from the judge.

Child's preference only one factor

The court will examine numerous factors in determining the best time sharing plan (formerly known as custody) for a particular child. In our experience, parents often focus on this factor above all others. Parents need to realize this factor does not hold any additional weight over any other of the statutory factors. An experienced attorney such as the attorneys at Silverman, Vorhis & Doan can help you go over these factors and develop a proposed parenting plan that best serves your needs and the needs of the child. For a free consultation, call us at 352-337-8373.