If you’re the parent of a teen, the notion that teenagers can be rather vocal about expressing their wants and opinions will likely come as no shock to you. So, as to teens in particular, the question often arises for divorcing or separating parents: Can teenagers decide with which parent they’ll live? After all, as they’ve grown, many teenagers have become accustomed to exercising some semblance of control over their own lives.
The short answer is: In Florida, there is no specific age at which an unemancipated minor can unilaterally decide where to live; however, the judge may take the preferences of a minor into account, especially as they grow older and mature.
Regardless of their age, when parents are divorcing or separating, it can be a scary time for all children, fraught with uncertainty and high emotions. It’s understandable that children/teenagers want their voices to be heard and to have some say-so in decisions that will impact their lives. Family law judges, however, rarely allow children to testify in their parents’ dissolution of marriage or paternity case and there are rules of evidence which usually prevent a parent from simply testifying as to what their child/teen wants. So, what can be done?
It’s important to understand that each Florida Family Law case involving minor children begins with the presumption that it’s in the best interest of minor children to have equal time-sharing with each parent; however, this presumption is rebuttable, i.e., it can be overcome with evidence sufficient to show equal time-sharing with each parent is not in the child’s best interest.
Unless the parents agree to a time-sharing schedule which gets approved by the court, the judge will make the decision as to time-sharing based on many factors. While the judge won’t allow a teenager to “run the show,” because judges are not supposed to delegate their decision-making authority to third parties, among the various child’s best interest factors the judge will consider is the following factor: The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience.
While Family Law judges want to honor the preferences of the teenagers and children whose lives their decisions will affect, they also understand that children, including (and perhaps especially) teenagers, do not always want what is in their
best interest. Sometimes, teenagers want to go to the more lenient parent who lets them stay up late playing violent video games and who doesn’t ensure their homework is done or lets them skip school. The judges are also aware that some parents going through divorce or separation try to influence their children with gifts or by alienating a child/teen from the other parent by making the child feel guilty for spending time with the other parent or through disparaging remarks about the other parent.
An experienced Florida Family Law attorney understands whether there may be evidence in a particular case which might overcome the presumption of equal time-sharing, including whether your teen would be considered of sufficient intelligence, understanding, and experience for the court to consider your teen’s preferences as to timesharing. Experience is also needed to properly assess a case and understand which cases might benefit from the appointment of a Guardian ad Litem or Social Investigator so that your child/teen’s “voice” may be heard by the judge. A Guardian ad Litem and/or social investigator investigates a case by speaking to the parents, children, family members, school personnel, doctors, therapists, and other important witnesses, writes a report, and provides testimony at trial as to the child’s best interest factors.
Ultimately, the judge will usually consider the living arrangement preference of a teenager if the judge deems the teen to be sufficiently mature, but this is just one of many factors the judge will consider. Florida Family Law judges aim to strike a careful balance between honoring the preferences of a teen/child and the legal framework that starts with a presumption of equal timesharing and prioritizes a living arrangement which supports their safety, health, and stability.
If you are dealing with time-sharing issues and wondering how your child’s preferences might be handled in court, consult with one of the experienced Family Law attorneys here at the Rice Law Firm. We can help guide you through the intricacies of Florida Family Law and advocate for a solution that serves your child’s best interests.