Q: How old does a child have to be in Tampa, FL to make a custody decision if smart and organized and mature?
Child is smart, `13 yo living in Tampa, FL. Repeatedly says she doesn't like her father divorcing rather than working it out . She doesn't like 2 bedrooms and having to split life . She wants to stay with mother . During custody court preparation, she is seeing therapy. She of course is told to support both parents. I don't see this as being fair to child who smart and sees her father is personality problem. At what age after this custody trial as she 12yo, can she decide where she stays and how often she sees her father (main holidays and birthdays splitting etc and every other weekend or maybe during week if she feels for dinner etc). It use to be 14 yo if child articulate and intelligent can decide intelligently and tell court.
A: There is no set age where a child can communicate with the judge. Most judges do not want to hear from the child. The court wants both parents to be involved in the child's life. You need legitimate reasons other than the child's preference to restrict timesharing. Speak with a local family lawyer for more specific advice.
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A: While Florida Statute does allow a child to express their preference as to timesharing, they will have to be sufficient age and maturity. A 13-year old child is not of the age to express preference. However, I would suggest getting a GAL involved to represent the child's interest.
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