According to Florida law, a child's preference to live with her mother or father does not necessarily justify a change of custody:
Nevertheless, unless the child's preference to change the custodial parent is based on reasons suggesting that the change is in the child's best interest, it should neither constitute a sufficient change in circumstances nor meet the child's best interest standard to justify a change. A child's preference does not necessarily justify a change of custody. But, under the right circumstances, it might. For example, in McDonough v. Murphy, 539 N.W.2d 313 (N.D.1995), a case in which the custodial mother planned a move to Arizona, the court upheld a change in custody because the trial court found “it is in the best interest of Shaun's mental and psychological stability that the change of custody be granted.” This finding was based on *1203 expert testimony that Shaun “started doing some things that were quite out of character for him ... he had tried to run away from home on two occasions ... he was not getting his emotional needs met.”
We do not know what the testimony was in this case because appellant did not present a transcript. When we asked for supplemental filing, we were advised that appellant had made a considered decision not to order a court reporter. It is true, as urged by appellant, that at the initial hearing on the father's motion to change custody, the court denied the change, finding that the child was an honor student, happily living with the mother, and that the change in custody would not be in the child's best interest. But the child did not testify at the first hearing and thus was unable to refute the mother's testimony. It was only on rehearing, after the child was given the opportunity to testify that she would prefer to live with the father, that the court ordered the change of custody.
See: Greene v. Kelly, 712 So. 2d 1201
Related (From our main website):
- Child Custody in Florida
- Advocating for Your Child’s Best Interest
- How to File for Child Relocation in Florida and Win Your Case
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