My child’s wish is to stay with me because we do things in contrast to staying with the mom who lets our child do anything she wants. Will the judge take that into consideration in determining custody/timesharing?


Yes, the court may take that into consideration. It all depends on the age and the knowledge of the child, and you have to petition the court to allow the child to testify as well; But that is not something we would encourage or recommend for you to do because if that is happening, I am pretty sure that there are other elements of the Statute 61.13 that you can meet which could be well the parent is acting what is in their best interest, instead of what is in the child’s best interest. You could use that and other factors rather than dragging the child to court to testify against the other parent.

For more information, please contact us to schedule your consultation.

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