Can a Child Choose Which Parent to Live With in Florida?

In custody disputes, one of the most frequently asked questions is: Can my child choose who to live with? In Florida, the answer is no — at least, not in the way many parents assume.

At The Bonderud Law Firm, we guide clients through time-sharing disputes with strategic and child-centered advocacy. Here’s how Florida courts treat a child’s preferences — and how to bring those preferences into evidence effectively.

Children Don’t Get to Decide — But Their Voice Can Be Considered

Under Florida Statute § 61.13, courts must evaluate time-sharing and parental responsibility based on the best interests of the child. While a child’s opinion can be one factor in that analysis, children do not get to choose where they live.

Courts are especially hesitant to place that burden on a child and rarely allow children to testify directly — even in camera (privately, in the judge’s chambers). Judges are concerned about putting children in the middle of a parental dispute or exposing them to undue pressure.

How Courts Hear the Child’s Voice

In most cases, a child’s preference is communicated to the court through one of two neutral, professional channels:

1. Guardian ad Litem (GAL)
   • A GAL is appointed by the court to act as a child’s advocate and report back on what is in the child’s best interests.
   • The GAL may speak with the child, parents, teachers, counselors, and others — then file a report or testify in court.
2. Social Investigation
   • A licensed mental health professional conducts interviews, home visits, and collateral contacts.
   • Their findings and recommendations are submitted to the court to assist in making time-sharing decisions.

These professionals can safely and credibly communicate the child’s preferences, maturity level, and home environment — all without direct testimony from the child.

When a Child’s Preference Might Carry Weight

While a child’s preference is never determinative, it may carry more weight when:

• The child is mature and articulate
• The child offers consistent, rational reasons for their preference
• There is no evidence of parental alienation or coaching

Judges may give more consideration to older teenagers, but they still retain discretion to award time-sharing based on the full picture.

Be Careful Not to Influence or Pressure the Child

Courts are quick to penalize parents who attempt to manipulate the child’s opinion — including:

• Coaching the child
• Undermining the other parent
• Offering incentives
• Badmouthing the other parent in front of the child

These tactics often backfire, damaging credibility and increasing the risk of an adverse ruling.

Want the Judge to Hear Your Child’s Voice? Use the Right Tools.

If your child has a clear preference about where to live — or if you’re concerned about the parenting environment in the other home — there are appropriate, effective ways to raise that issue.

At The Bonderud Law Firm, we help parents pursue guardian ad litem appointments, request social investigations, and build strong, child-focused arguments for custody and time-sharing.

Contact us today to schedule a consultation.