Will a child’s preference affect custody in Florida?

The court’s standard of what is in the best interest of the child takes into account a number of factors when determining child custody.  With that, the preference of the child will be considered if the child is of sufficient age and has the intelligence to express his or her preference.  The child must have the maturity that will allow him or her to make a reasonable choice between competing parents and be of ample understanding and experience to express such a preference.  The court must also determine whether the child’s preference is based on knowledge of the important facts or is it grounded in conclusions which are based on false statements.

However, it is important to note that the preference of the child is not the controlling factor in the court’s determination.  The court will balance the child’s preference with all other factors that have an impact on the child’s best interest.