Honesty. Respect. Fairness.
Strong Advocacy.

Children’s Voice During a Divorce

On Behalf of | Jun 12, 2024 | Divorce, Family Law |

It’s a common misconception that “children can pick where they will live” at a certain age in Florida. However, this is not the case. No Florida Statute or Florida Rule of Procedure specifically states that a minor child is permitted to voice an opinion. In fact, in most cases, the courts take significant measures to ensure minor children do not testify before the court, aiming to protect their best interests.

Why? Because minor children are being placed in a position to choose one parent over the other.

The courts in Florida do not have a designated age for minor children to “tell the judge” where they want to live.

If a parent feels it is crucial for the court to hear from the minor children, they have the option to ask for a guardian ad litem or a social investigator to be appointed to their case. These professionals will be able to speak to the minor children, as well as teachers, doctors, parents and other people the parents request them to speak to. This is a safe and supportive way to have the minor children voice their opinions without having to walk into a courtroom in front of their parents.