I get this question all of the time,  in the context of a “custody” dispute. Usually, people are under the misperception that after age 12, a child can make the decision for himself or herself whether to live with mom or dad. This is incorrect.   Under Florida law, a child’s preference is a factor to be considered by the court in determining where a child will reside.   But it is not the sole factor, and can therefore be outweighed by consideration of thee other statutory factors.  The correct answer to the question is that a child’s preference is more persuasive the older the child gets, but does not become determinative until the child emancipates at age 18.

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