QUESTION

can a 13 year old child choose what parent they would live with.

Asked on Apr 20th, 2020 on Family Law - Florida
More details to this question:
i am the childs father the mother has never really been a part of her life always in and out of rehabs and still drinks she is telling me that my child can now choose to live with her becouse she is 13. will the court really allow that
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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If you have not established your patenrity for your daughter, you must do so now. That will also be your opportunity to ask the court for custody (now called in Florida, 'majority timesharing'). The court will likely appoint a guardian ad litem for your daughter or order a social investigation. That will result in a report to the court with recommendations concerning go-forward custody. You must see a competent family law attorrney to prosecute your paternity and custody claim. The guardian ad litem and/or social investigator will interview your daughter as well as you and her mother. It is unlikely in Florida that a judge would permit a 13 year old testify in court, but the social investigator is permitted to tell the court what the daughter told to him/her. Under our Rules of Procedure, there are strict protocols to be followed prior to allowing a child to so testify directly in a case.
Answered on Apr 27th, 2020 at 11:55 AM

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