This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
This is an official form from the New York State Unified Court, which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by New York statutes and law.
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As a general rule, children 12 years of age and older are seen as eligible to make a decision on which parent they want to live with, simply because they most often meet the criteria described above.
Under California Family Code section 7822(a)(2) and (a)(3), you must show that one or both parents had the intent to abandon the child. You can show that there was intent to abandon the child by the legal parent, or parents, by using the surrounding facts of your case.
In Florida, the age a child can choose a parent to live with will depend on the child's overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child's preference. Instead, a judge will decide whether: the child is intelligent enough to make a choice.
However, most judges will take into account a child's preference around the age of 12 or 13, along with other factors such as the child's intelligence, maturity, child's experiences with each parent and whether the child understands the decision being made.
Florida Statute 61.13001 requires approval from the other parent or the court before relocating with a child.