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In child custody cases, at what age does the child have a say in what happens? |
Would a 10 year old have a say in what happens? Would the Judge talk to them? It would be in the state of Florida. There's no "magic" age in Florida. In my state, the Judge must listen to the wishes of a child over the age of 12 and may consider the wishes of any child. In Florida, judges will consider the wishes of the child if the child can articulate good reason for his/her choices. Normally, this can be done one of two ways. You can ask the Court to appoint an attorney for the child, known as a Guardian ad Litem (GAL), which you and your spouse may have to pay for and the GAL can report to the court. Alternatively, you can file a motion asking the Court to speak with the child. This is done privately in the Judge's office with another non-interested adult present--like the court reporter or the judge's secretary. I'd suggest the report of a GAL would carry more weight. However, I've had a 5 year old speak with the judge. In that case, the child was gifted and extraordinarily articulate. i think theage for a child to have the say which parent they will live with is age 12 and the judge will talk to them and take in cont what they say It's different in each state. In Ohio the age is 11 while in PA I think the age is 14. The judge would talk to them, but the age at which a child can choose which parent they wish to live with varies by state. |
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