The court will not simply take your child’s preference on where he/she wants to live as the only controlling factor to consider. Children are generally not capable of knowing what is in their own best interest. It is up to parents, or the Court, to make the necessary decisions for the minor children, until they reach the age of majority. If it were only up to the children, a child may choose a home environment that may be more relaxed and fun, but not necessarily the environment best suited to maintain the child’s health, safety, and welfare. For example, if given rein to choose which parent to live with, a teenager who is struggling to do well in school and stay out of trouble, may choose to live with an absentee parent who isn’t around enough to help the child back on the right path. Or, in another example, a child may choose to live with a parent who may even facilitate such bad behavior. Such home environments may be appealing to the minor child, but are simply not in his/her best interests.
Having said that, the court may take into consideration the reasonable preference of a child, “if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.” Fla. Stat. 61.13 § (3)(i). However, taking into account the child’s “reasonable preference” is only one factor to be considered when determining what is in the best interest of the children. To see all of the factors that a court may consider when determining what is in your child’s best interest when determining things such as parental responsibility and timesharing, consider Florida Statute 61.13(3).
After reading through the factors listed in Fla. Stat. § 61.13(3), it would be a valuable starting point to discuss the facts of your life as they apply to those factors, when consulting a family law professional.