How old does a child have to be able to choose where they want to live during a divorce?

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How old does a child have to be able to choose where they want to live during a divorce?

Asked on August 16, 2012 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general rule, a minor child cannot choose which parent they want to live with.  A judge will look at many factors - home environment, income and education of the parents, the child's relationship with each parent, reason for wanting the change, etc.

Yet although a child cannot choose where they want to live, if they over the age of 12, a child's preference is given consideration and is one of the factors that the court considers in making its determination (the older the child, the more weight it is given).


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