In Florida, the age a child can choose a parent to live with will depend on the child’s overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child’s preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.

Does Florida favor mothers in custody cases?

Many fathers assume that Florida courts automatically favor the mother when awarding child custody. However, Florida courts cannot make custody decisions based on gender. Thanks to the controversial doctrine, mothers received primary custody in about 90% of cases, according to the Florida Bar.

What does custodial parent mean in Florida?

Even when parents share parenting time and parental responsibilities one parent will be designated the “primary parent” or “custodial parent” and the other parent is the “secondary parent” or “noncustodial parent.” The custodial parent in Florida is usually the parent who has more parenting time with the child.

Can a parent refuse to let other parent see child?

The answer is usually no, a parent cannot stop a child from seeing the other parent unless a court order states otherwise. The parent with whom the child lives is limiting contact between the child and the other parent. The parents have an existing child custody and parenting time order.

What makes a parent unfit in Florida?

What Does it Mean to Be an Unfit Parent in Florida? Florida Statute §751.05 states that the court must find that a parent has abandoned, abused, or neglected a child to find that a parent is unfit. A parent may also be found unfit if the parent has a mental illness or substance abuse problem.

What happens if a child refuses to see a parent?

If contact is refused and the non-resident parent takes the case to court, the resident parent will have to explain why contact was restricted. If there is already a court order in place for contact, refusal to allow the contact to take place may amount to contempt of court and possibly further legal action.

Can a mom stop a dad seeing his child?

A mother cannot stop a father seeing his child unless the court orders to do so. If the child is scared of the father due to some kind of abuse or harm, then the mother would need to speak to the child and gather evidence which may prove the child being at risk.

Who is the custodial parent in the state of Florida?

The custodial parent in Florida is usually the parent who has more parenting time with the child. This parent has the final say on matters involving the child when the couple can’t agree.

What’s the law on child custody in Florida?

While a judge will assess every situation individually, Florida law recognizes that children generally benefit from maintaining frequent contact with both parents and from having both parents participate in parental decision-making after divorce. Neither parent begins with any greater right to custody.

What does Florida law say about child visitation?

Florida law views child visitation as a “timesharing” agreement. It is part of a shared parenting plan that is court-ordered and legally binding on both parents. That is why courts take visitation rights seriously.

What to know about relocation and child custody in Florida?

Divorce and child custody in Florida can be a somewhat tricky procedure. A parent with custody in the Sunshine State who wants to move a child more than 50 miles away for more than 60 days must inform the other parent by law AND obtain consent. If consent is not given by the other parent, a court order MUST be obtained.