Can a Teenager Choose Which Parent to Live With in Florida? 2026 Guide

No, a teenager cannot legally choose which parent to live with in Florida. Unlike some states that set a specific age when children can decide custody, Florida law gives judges full discretion to determine what arrangement serves the child's best interests. However, a teenager's preference does carry significant weight in court, and the older and more mature the child, the more seriously judges tend to consider their wishes.

As a Florida family law attorney, I regularly work with parents whose teenagers have strong opinions about where they want to live. Understanding how Florida courts actually handle these situations can help you navigate this emotional terrain more effectively.

Understanding Florida's Approach to Child Custody Preferences in 2026

Florida takes a different approach than many other states when it comes to children expressing custody preferences. Under Florida Statute 61.13, courts must evaluate the best interests of the child using a comprehensive list of factors. One of these factors specifically addresses the child's preference.

The statute states that courts should consider "the reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference." This language gives judges considerable flexibility in how much weight to assign a teenager's stated preference.

What this means practically is that there is no magic age in Florida when a child suddenly gets to decide custody. A mature 12-year-old's preference might carry more weight than an immature 16-year-old's preference, depending on the circumstances.

What Age Can a Child Express a Custody Preference in Florida?

Florida law does not establish a minimum age for a child to express a custody preference. However, in my experience handling these cases across Florida counties, here is how judges typically approach different age groups:

Children Under 12

Courts rarely give significant weight to preferences expressed by children under 12. Judges recognize that younger children are more susceptible to parental influence and may not fully understand the implications of their stated preferences. A judge might listen to a younger child's input but will focus primarily on objective factors like stability, school performance, and each parent's involvement.

Children Ages 12 to 14

This is where things start shifting. Judges begin taking preferences more seriously, though they still scrutinize the reasoning behind the preference. A 14-year-old who articulates thoughtful reasons for wanting to live primarily with one parent will receive more consideration than one who simply says they "like Dad's house better because he lets me stay up late."

Teenagers 15 and Older

By 15, 16, and 17, a teenager's preference carries substantial weight in Florida custody proceedings. Judges recognize that forcing an older teenager to live somewhere against their will often proves impractical and can damage the parent-child relationship further. That said, a preference based on wanting fewer rules or escaping reasonable discipline will not sway the court.

How Do Florida Courts Determine if a Child Can Express a Preference?

When evaluating whether a child's preference should influence custody decisions, Florida judges look at several factors:

• The child's age and level of maturity
• Whether the child understands the consequences of their choice
• The reasoning behind the preference
• Whether one parent has inappropriately influenced the child
• The child's emotional and psychological stability
• The child's relationship with each parent and any siblings

Judges are trained to detect when a child has been coached or manipulated by a parent. If a court suspects parental alienation or undue influence, this can actually backfire significantly on the offending parent.

How a Teenager's Preference Is Communicated to the Court

There are several ways a teenager's custody preference can be presented to a Florida court:

Guardian ad Litem Investigation

A Guardian ad Litem (GAL) is an attorney or trained volunteer appointed by the court to represent the child's best interests. The GAL will interview the child, both parents, teachers, and other relevant individuals. They then prepare a report with recommendations that includes the child's expressed preferences along with context about the family dynamics.

Custody Evaluation

Sometimes courts order a comprehensive custody evaluation by a mental health professional. This evaluation includes psychological testing, interviews, and home visits. The evaluator's report will address the child's preferences and whether those preferences appear genuine and well-reasoned.

In-Camera Interview

In some cases, a judge may conduct an in-camera interview, meaning a private meeting with the child in the judge's chambers. This typically occurs without the parents present, though attorneys may sometimes participate. Florida courts use this option sparingly to minimize stress on the child.

The Child Does Not Testify in Open Court

Florida judges generally avoid having children testify in open court about custody preferences. This protects children from the emotional trauma of publicly choosing between their parents and being cross-examined by attorneys.

Why a Teenager's Preference Alone Does Not Decide Custody

Even when a teenager clearly and maturely expresses a preference, Florida courts must still consider all best interest factors under Florida Statute 61.13. These factors include:

• The demonstrated capacity of each parent to meet the child's needs
• The mental and physical health of both parents
• The child's home, school, and community record
• Each parent's ability to facilitate a relationship between the child and the other parent
• Evidence of domestic violence, child abuse, or neglect
• Each parent's moral fitness
• The stability of each parent's living situation

A teenager might prefer living with a parent who offers fewer restrictions, but if that parent cannot provide appropriate structure, supervision, or stability, the court may rule differently.

I have seen cases where a 16-year-old wanted to live with a parent who worked nights and would leave the teenager unsupervised for extended periods. Despite the clear preference, the court determined the other parent's arrangement better served the child's overall wellbeing.

What Should Parents Do When Their Teenager Has a Strong Preference?

If Your Teenager Wants to Live Primarily With You

Document their reasoning without coaching them. If your teenager has legitimate reasons for their preference, such as school proximity, established friendships, or a stronger bond with you, make sure you can demonstrate these factors objectively.

Never tell your child what to say or try to turn them against the other parent. Courts can detect coaching, and it will damage your case significantly.

Consider requesting a Guardian ad Litem if you believe an objective third party would support your teenager's preference and your position.

If Your Teenager Wants to Live With the Other Parent

First, try to understand why. Sometimes teenagers prefer the other household because of temporary conflicts that can be resolved. Other times, there are legitimate reasons that might warrant considering a modification.

Avoid reacting with anger or guilt trips. This pushes teenagers away and can make family court judges question your emotional maturity.

If you believe the other parent has manipulated your child, document specific incidents and consider seeking professional help to address potential parental alienation. Our guide on emergency custody orders explains when and how to take urgent action if needed.

Can a Parenting Plan Be Modified Based on a Teenager's Preference?

Yes, a teenager's changed preference can support a petition for modification of the existing parenting plan. However, under Florida law, the parent seeking modification must demonstrate a substantial change in circumstances that was not anticipated when the original order was entered.

A teenager simply changing their mind is usually not enough. But if the teenager's preference accompanies other changes, such as one parent relocating further away, changing work schedules, or the teenager's changing educational needs, courts may consider modification appropriate.

For questions about modifying custody arrangements when a child wants to move, review our article on moving out of state with a child after divorce.

The Role of Maturity Over Age in Florida Custody Decisions

Florida judges care more about demonstrated maturity than a specific birthday. A teenager who shows responsibility, good judgment, and an ability to articulate their needs will have their preference taken more seriously than one who appears to be seeking the path of least resistance.

Factors that demonstrate maturity include:

• Strong academic performance and school attendance
• Involvement in extracurricular activities
• Responsible behavior at home
• Ability to maintain healthy relationships
• Understanding of both parents' strengths and limitations
• Articulating reasons beyond "I just want to"

Conversely, a teenager who is struggling academically, exhibiting behavioral problems, or who clearly cannot explain their preference beyond wanting fewer rules may find that judges discount their stated wishes.

What Happens When Parents Disagree About a Teenager's Preference?

When one parent supports the teenager's preference and the other opposes it, the conflict typically requires court intervention. Before going to trial, Florida requires mediation in most family law cases.

During mediation, parents work with a neutral mediator to reach agreement. Sometimes hearing an objective perspective helps parents find middle ground, such as a modified schedule that gives the teenager more time with their preferred parent while maintaining meaningful contact with both.

If mediation fails, the court will make the final determination after considering all evidence, potentially including Guardian ad Litem reports and custody evaluations.

For parents navigating these disputes, our strategy sessions can help you understand your options and develop an effective approach.

Practical Tips for Families Dealing With Teen Custody Preferences

Understanding Florida's 50/50 Custody Presumption

Florida law now includes a presumption that equal time-sharing is in a child's best interest. This means courts start from the assumption that children benefit from spending roughly equal time with both parents.

A teenager's preference can overcome this presumption, but the preference must be supported by other best interest factors. For more details on how this works, see our comprehensive guide on whether Florida is a 50/50 custody state.

When to Seek Legal Help

If your teenager has expressed a strong preference about custody and you need to understand how this might affect your case, consulting with a Florida family law attorney can provide clarity. Whether you need full representation or just guidance on specific issues, our consultation services can help you understand your rights and options.

Every family situation is different, and what works for one family may not work for another. The goal should always be an arrangement that truly serves your teenager's best interests, even when that feels difficult.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.