Get FL Law 244 2005-2024

Until a child is a legal adult at age 18, he or she cannot automatically choose which parent to live with. Cases in which one parent wishes to relocate can also be challenging. This situation, however, often comes into play when custody has already been granted.

In Florida, neither the parents nor their attorneys can force a child to testify as a witness in court. Courts are careful to protect minor children from getting involved in family law litigation. ... In non-emergency cases, Florida courts have a couple different options to obtain a child's custodial preference.

The legal answer may be yes even though the ethical answer could be no in some situations. Under the law, each parent must follow a custody order exactly. ... A parent may have a different role in making visits happen for a four-year old child versus a 14 year-old one.

If child is 14 or older, child has the right to choose the custodial parent. If the child is 14 or older, child has the right to testify in court regarding the preference of custodial parent. If the child is 14 or older, the judge may consider the wishes of the child.

Ontario's Family Law does not specify an age when a child can decide which parent to live with. In fact, while the child's preferences are considered, the child doesn't actually make that decision.

Non-custodial parent: Once primary custody is decided, the interest of the non-custodial parent must be give consideration. ... Child refuses to visit: as long as this refusal reflects the child's true wishes and there has been no negative influence by the other parent, the court may decide not to order visitation.

Until a child is a legal adult at age 18, he or she cannot automatically choose which parent to live with. Cases in which one parent wishes to relocate can also be challenging. This situation, however, often comes into play when custody has already been granted.

At the age of 12 a child is deemed to have sufficient maturity to express his or her views. From 12 years and above the court must find out what a child's views are in a case concerning that child, but, contrary to common belief, the child does not get to decide .

Under the Family Law Act 1975 ( the Act ), the court is only able to make orders in relation to children who are under the age of 18 years. ... A parent can be excused for thinking that if their child is telling them that they don't want to see the other parent as much, or even at all, then that is the end of the matter.

The custodial parent may feel that they are letting their child down if they force their child to go on visitation. ... For the custodial parent, they may be accused of interfering with the other parent's visitation if the child does not go.

Usually, parents are able to agree on contact arrangements. If this is not possible, they may seek help from family mediation or, as a last resort, seek a court order. It is not just parents who can ask for contact with a child. ... However, it is important to remember that the child's welfare remains paramount.

Legally, there is no specific age. In general, it has to do with the maturity and reasoning of the child, in addition to his/her age. At 16 or so, judges will often take the position that they can't force a child of that age to visit a non-custodial parent but, legally, there is no specific age standard.

Generally a child cannot decide which parent they want to live with. But as a child gets closer to the age of majority, which is 18 years old in Ontario, they have more say about where and with whom they live. And it is rare for a court to make a custody and access order about a child who is 16 years old or older.

While parental alienation is not specifically listed in Florida's criminal code and does not typically result in criminal penalties (of course, a parent could hypothetically be charged with child abuse in extreme cases of parental alienation), it could affect a court's decision regarding custody.

No federal or state laws regulating parental alienation currently exist in the United States. Some courts recognize parental alienation as a serious issue with potential long-term effects and serious outcomes for the child.