The short answer to the question, “Can my child decide custody? Is “no”. Florida Legislature updated the term “custody” with the term “parental responsibility”, and the term “visitation” has been updated with the term “time-sharing”. With that said, the court may consider the wishes of the child, along with a host of other issues, when determining the parental responsibility and time-sharing schedule for you and your child.
Parental responsibility and time-sharing determinations occur in a number of different ways. Many divorcing couples agree to a Parenting Plan, which includes parental responsibility and time-sharing issues. Some parents agree to a Parenting Plan early in the process. Other couples may reach an agreement after working with their family law attorneys for the time that it takes to reach an agreement. However, in some instances, the couple cannot reach an agreement on parenting issues. In those situations, the Court will decide the parental responsibility and time-sharing schedules for parent and child, based on what is in the best interest of the child.