What age does a child have a say in custody in Florida?

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.

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USLegal Guide to How to Relinquish Custody

Broward Florida USLegal Guide to How to Relinquish Custody

Name: Broward Florida USLegal Guide to How to Relinquish Custody
Brand: US Legal Forms
Rating: 4.58 (416 reviews)

Category:

Family Law - Child Custody and Visitation

State:

Multi-State

County:

Broward

Control #:

US-GDE-13

Format:

Instant download

Description

This guide provides an overview of how to give up parental rights. Topics covered include reasons for terminating rights, due process concerns, time deadlines, proving why termination is in the child's best interests, and state involvement in the termination process.

How to fill out Broward Florida USLegal Guide To How To Relinquish Custody?

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FAQ

Generally, Florida courts are hesitant to allow a parent to voluntarily terminate their parental rights except for in situations where there is another adult ready to adopt the child. Without a potential adoptive parent, it is unlikely that an individual will be able to terminate their parental rights voluntarily.

Parental rights can be terminated in connection with a dependency proceeding or in connection with an adoption proceeding. In either case, the individual or entity seeking the termination of a parent's rights must file a petition with the court that sets forth the reasons why parental rights should be terminated.

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.

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

This is considered a drastic action, and the courts are hesitant to take such an action, however it can and does occur. Although the state of Florida is generally reluctant to terminate parental rights, this reluctance must be balanced against child abuse and neglect.

In order to find abandonment, a court must either find that a child has been abandoned, as defined in Florida Statute 39.01(1), or the location of the parent(s) cannot be discovered by diligent search within 60 days.

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.

It is up to individual parents to decide at what age they allow the child to make the decision about where they wish to live. Where parents are making the decision about where a child is to live they are able to choose whether the parent or the child makes the decision.

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.

The process for terminating parental rights begins with filing a petition with the family court. Someone who has physical custody of the child, a close relative, or guardian ad litem may file the petition. The petition must include the reasons why you believe parental rights should be terminated.

Broward Florida USLegal Guide to How to Relinquish Custody

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FAQ

Can a father give up his rights in Florida?

How do I relinquish my parental rights in Florida?

What age can a child say where they want to live Florida?

What can be used against you in a custody battle?

How hard is it to terminate parental rights in Florida?

How long does a father have to be absent to lose his rights in Florida?

What age does a child have a say in custody in Florida?

Can a 12 year old choose where they live?

Can a 12 year old decide which parent to live with in Florida?

How do I voluntarily terminate parental rights in Florida?

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