Tampa Bay Lawyers - Rechel & Associates, P.A.

In Florida, can a child choose which parent to live with?

Theodore Rechel — Mon, 18 May 2009 17:34:54 +0000

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.

Moll Case Settled

Theodore Rechel — Fri, 01 May 2009 17:26:52 +0000

Case Amicably Resolved in the Best Interests of Summer and the Parties.

We settled the Moll car crash case. Summer will be spending a majority of time with her grandmother while rehabilitating, with dad timesharing on the weekends. By next year, her rehabilitation will largely be over and Summer will be majority- timesharing with her dad. Grandma will continue to be involved in Summer’s life as the parties will continue to share information about the child and will make joiint decisions for her. Hopefully, the extended co-parenting family can move on and prosper.

You can follow the story here:
Tampa Tribune October 2008
St Pete Times Article
St Pete Times February 2009