Question:
Is the minor child’s preference the only factor the judge will use to determine where he/she will reside?

Answer:
No. The preference of the child is only one of numerous factors the courts use to determine the best interest of the child for determining custody and a time-sharing schedule. Further, the court must first deem the child to be of sufficient intelligence, understanding, and experience to express a preference. F.S. 61.13(3). There is no precise minimum age or school grade for which the child’s preference will be utilized by the judge.

Question:
What does "joint custody" mean?

Answer:
I have numerous prospective clients asking that we seek "joint custody" of their child(ren). However, the term "joint custody" is really a misnomer. What individuals are usually referring to is what Chapter 61, Florida Statutes, identifies as "Shared Parental Responsibility" wherein both parents secure decision-making rights/responsibilities for the child(ren). These joint decisions should be for the major decisions affecting the child’s welfare (examples: health, education, religion, etc.). A very high burden must be met in order for one party to be awarded "Sole Parental Responsibility", wherein they are "solely" responsible for such decisions.

Further, some individuals confuse "joint custody" with a time-sharing plan wherein both parties have equal (or close to equal) parenting time with the child(ren). Time-sharing and parental responsibility are two vastly differently concepts that will dictate not only where your child(ren) will reside, but how decisions regarding their best interest and welfare will be made.