Sheldon E. Finman, P.A.
Call 239-215-4952 To Talk To A Lawyer Today.

One of the most important decisions to make in any divorce case relates to the matter of child custody. One bill introduced in 2017 in Florida offered the presumption of equal time in all child custody plans, but the governor vetoed the bill. 

As for now, if the couple is unable to reach a child custody agreement, then the judge will make a decision. The judge will weigh numerous factors, including evidence of neglect, the parents' moral fitness and the child's school history. However, in some cases, the judge may ask for the child's preference. The child may not always get what he or she wants, but the judge can at least take it into consideration. 

Children do not have to provide preference if it is not essential

Many children are not comfortable taking the stand in a courtroom, so unless it is an emergency situation, the court will not force a child to take the stand. In the event the child does want to provide testimony, then the court will have the child undergo a mental health evaluation from a professional. This is to determine if the child is capable of voicing an articulate, mature opinion. 

Some states have a minimum age requirement for a child to voice preference. However, Florida does not have such a law. That is why the evaluation is necessary. 

It comes down to an independent decision

The child can have a preference, but the judge will need to determine if the child has received coaching from one parent. There is also the possibility the child wishes to rebel against one parent and will want the other, typically less strict, parent to assume a majority of responsibilities. Child custody involves an intricate process that varies on a case-by-case basis. It ultimately comes down to what the judge believes is best if the parents cannot reach a consensus. 

No Comments

Leave a comment
Comment Information
Schedule A Consultation

Learn more about our problem-solving based approach to divorce. Call 239-215-4952 to talk to an attorney.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Fort Myers Family Law

Sheldon E. Finman, P.A.
2134 McGregor Boulevard
Fort Myers, FL 33901

Toll Free: 877-214-3207
Phone: 239-332-4543
Fax: 239-334-7828
Map & Directions

mapView Map & Directions