Can a child choose to live with a non-parent family member in Florida?

Understanding Child Custody and Living Arrangements in Florida

In the state of Florida, child custody matters are determined based on the best interests of the child. This principle guides courts in making decisions that affect whom a child will live with following parental separation, divorce, or in circumstances where the parents are unable to care for their child.

Can a Child Choose Where to Live?

Florida law does consider the wishes of a child as one of several factors when deciding custody arrangements. However, there is no specific age at which a child can unilaterally decide to live with a non-parent family member. The child's preference is given more weight as they get older, especially if they are of sufficient maturity to express a reasoned preference.

When Can a Non-Parent Family Member Seek Custody?

A non-parent family member, such as an aunt, uncle, or grandparent, may seek custody in certain situations. These may include instances where both parents are deceased, missing, or when they are unable to provide proper care due to substance abuse, abandonment, neglect, or mental illness.

In these cases, Florida courts can award what is known as temporary or permanent guardianship. A good example is found in the case of In re Guardianship of D.A.McW., where the Florida Supreme Court awarded custody to the child's grandparents because both parents were unfit.

The Role of the Court in Custodial Decisions

The court examines several factors before making a decision on custodial arrangements. Apart from the child’s preference, these include the child's relationship with the non-parent family member, the ability of that family member to provide for the child's needs, and any history of domestic violence or substance abuse.

The Process for Non-Parents Seeking Custody

To seek custody, a non-parent family member must file a petition with the court. This involves submitting evidence and possibly attending a hearing. It is highly recommended that those seeking custody consult with an attorney experienced in Florida family law to navigate this process effectively.


While a child may express a preference to live with a non-parent family member in Florida, it does not guarantee that this wish will be granted. The courts take into account various factors in addition to the child's preference and always prioritize the child's best interests. Non-parent family members seeking custody should prepare for a thorough legal process that scrutinizes their ability to provide a stable and nurturing environment for the child.