In the state of Florida what is considered the legal age for a child to consider and designate her legal custodian?

In the state of Florida, what is the accepted age for a child to decide his or her legal custodian?

Asked on June 30, 2009 under Family Law, Maryland


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As far as I know, there isn't a fixed age when any state allows a child the final say in designating her legal custodian.  The court always gets the last word, and a child's preference isn't the only thing that has to be considered.  Once she's 18, she's no longer a child, and the question really doesn't apply any longer.

The older the child is, and the more she has demonstrated mature judgment, the more likely it is that her wishes would be followed by the court.  For anything more definite, as it might relate to your specific case, you would need to supply all of the facts of this situation to an attorney who practices where the case would be heard.  One place to find a lawyer in any state is our website,

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