Gale H. Moore, Attorney at Law: How old does my son have to be to decide which parent he lives with?

Tuesday, September 8, 2009

How old does my son have to be to decide which parent he lives with?

This is probably the most common question I get asked regarding custody issues. The short answer is 18. In Florida there is no age at which a child gets to decide who they live with. The child's preference, if they are deemed of sufficient age and maturity, is just one of 20+ factors the Court looks at when making a custody decision. Apparently there are some states where when a child turns 13 (or some other certain age) they do get to decide. Florida law is directly contrary to that.

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CASE LAW UPDATES

Decided by our appeallate court on 7/29/09, Kamenski v. Kamenski, overruled a lower court's ruling denying a request for a downard modification of alimony. At the time of the final hearing the Wife earned $17,000.00 annually while the Husband earned $54,000.00 annually. Three years later when the Husband requested the modification the Wife's income had risen to $41,000.00 while the Husband's income had decreased to $50,000.00. The trial court denied the Husband's request to reduce his alimony but the appellate court ruled the changed incomes were not anticipated and were significant and therefore the lower court ruling was reversed.

Top 5 Things Your Divorce Lawyer Needs to Know:

1. Personal data about you, your spouse, and your children (if any). For example:
- your names (maiden name, too, if applicable);
- your home and work addresses and telephone numbers;
- your ages and places of birth;
- your Social Security Numbers;
- your states of health -- both mental and physical; and,
- your Green Card(s) and immigration papers (if applicable).

2. Facts about your marriage.
- When and where did you get married?
- Did you sign a prenuptial agreement?
- Have either of you been married before?

3. Financial information.
- What assets/debts did each of you bring into the marriage?
- What are your incomes?
- What are your expenses -- jointly and individually?
- What are the names and addresses of your employers?
- How much money do both of you have invested?
- Has either of you invested in insurance or a pension plans?
- What property do you own?
- Was the property purchased before or after the marriage?
- Do you have a mortgage, and how much is still owed?

4. A budget detailing how much you spend every month on:
- housing,
- food,
- clothing,
- personal grooming,
- gifts,
- child care,
- vacations, etc.

5. Legal documents. For example:
- Prior or pending lawsuits;
- bankruptcy suits;
- judgments & garnishments; and,
- deeds.

STATUTORY CUSTODY FACTORS

For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the minor child, including, but not limited to:
(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.
(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.
(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.
(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.
(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

BIOGRAPHY

Admitted: 1993, Florida State Courts; 1993, United States District Court, Middle District of Florida; 1993, United States Court of Appeals, Eleventh Circuit; 1999, United States Supreme Court; Florida Supreme Court Certified Family Law Mediator

Law School: Stetson Law School, J.D., 1993

College: University of North Carolina at Chapel Hill, B.A. - Political Science, 1990

High School: St. Mary's Episcopal School, 1987

Memberships: Clearwater Bar Association, Chair - Family Law Section 2010-present (Board Director 2009-2010); The Florida Bar, Equitable Distribution, Support and Rules & Forms Committee member; Inns of Court (Canakaris - family law); Kiwanis Club, Largo/Mid-Pinellas - Board of Directors 2010-present, Secretary 2011-2012; Mid-County Bar Association (Pinellas County); St. Anne of Grace Episcopal Church (Bishop's Committee); Daughters of the American Revolution - Moore's Creek Chapter

Biography: Starkey Elementary School Student Advisory Committee, 2005-2009, (Vice Chair, 2007-2009); Justice Teaching Participant; Law Day Speaker; Center Against Spouse Abuse, Volunteer - 1999; Florida Bar, Continuing Legal Education Committee (2009-present), Vice Chair 2011-2012

Awards and Recognitions: Paul Barnard Award for Clinic Excellence (Public Defender Clinic - Stetson Law School), 1993; Clearwater Bar Foundation Pro Bono Award, 1999; Clearwater Bar Foundation Excellence in Pro Bono Award, 2006

Gale H. Moore, Attorney at Law

Tuesday, September 8, 2009

How old does my son have to be to decide which parent he lives with?

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Gale H. Moore

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CASE LAW UPDATES

Top 5 Things Your Divorce Lawyer Needs to Know:

STATUTORY CUSTODY FACTORS

BIOGRAPHY

Gale H. Moore, Attorney at Law

Tuesday, September 8, 2009

How old does my son have to be to decide which parent he lives with?

No comments:

CONTACT US

Subscribe To Gale's Blog

Gale H. Moore

Blog Archive

About Me

CASE LAW UPDATES

Top 5 Things Your Divorce Lawyer Needs to Know:

STATUTORY CUSTODY FACTORS

BIOGRAPHY