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390 N. Orange Ave. Ste 2300
Orlando, FL 32801
Miami Office
1100 Brickell Bay Drive. Box 310181
Miami, FL 33131
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Going through a divorce is never easy, especially when it involves children. One of the most difficult aspects of a divorce is determining child custody. Who will get primary custody of the child? How much time will each parent spend with the child? And most importantly, does a child's opinion matter in determining child custody? Florida has specific laws and guidelines when it comes to child custody, and it's important to understand them if you are going through a divorce. In this blog post, we will discuss how a Florida court determines child custody and whether a child's opinion matters.
Firstly, it's important to understand that Florida is a no-fault divorce state. This means that the court will not consider the reason for the divorce when determining child custody. The court will focus on what is in the best interest of the child. In Florida, there are two types of custody – legal custody and physical custody. Legal custody refers to who has the right to make major decisions regarding the child's upbringing, including education, healthcare, and religion. Physical custody refers to where and with whom the child will live.
When determining child custody, the court considers several factors, including the child's age, the relationship between the child and each parent, each parent's ability to care for the child, and any history of domestic violence, substance abuse, or mental illness. The court will also consider any preference the child may have, taking into account the child's maturity, judgment, and overall best interests.
So, does a child's opinion matter in determining child custody? The short answer is yes, but it's not the only factor the court considers. In Florida, there is no set age at which a child can choose which parent they want to live with. Instead, the court will consider the child's preference along with other factors when making a decision. The older and more mature the child, the more weight the court will give to their opinion.
At Schlegel Law Group, we understand that every family is unique and that child custody cases can be emotional and complex. Our experienced family law attorneys can provide legal assistance to individuals going through a divorce in Florida. We can help you understand your legal rights and options when it comes to child custody. We can also work with you to develop a parenting plan that is in the best interest of your child.
Going through a divorce is never easy, especially when children are involved. It's important to understand how a Florida court determines child custody and whether a child's opinion matters. While the court does consider a child's preference, it's not the only factor that is taken into account. The court will focus on what is in the best interest of the child, taking into consideration several factors, including the child's age, the child's relationship with each parent, and each parent's ability to care for the child. At Schlegel Law Group, we can provide legal assistance to individuals going through a divorce in Florida. Contact us today to schedule a consultation with one of our experienced family law attorneys.
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Orlando
390 N. Orange Ave. Ste 2300
Orlando, FL 32801
Miami
1100 Brickell Bay Drive. Box 310181
Miami, FL 33131
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