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Noncustodial father wants to know if 5 year old child's desire to live with him has any weight with the court

Your Question:
My daughter is 5 years old and lives in texas with her mom. I moved to florida because the job opportunities are better for me here as I work under water. I drive to Texas to see my daughter if not once a month then every other month. She has said on her own accord that she wants to live with me. I do not wish to have my daughter drug through the courts but desire nothing more than to have her living with me. At what age will a judge consider the opinions or desires of a kid?

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My Answer:

A judge will not allow a five year old child to testify in a child custody case, and you would likely be viewed as a questionable parent if you're trying to arrange such.

The more appropriate approach would be to have a child psychologist testify as to what is best for the child.

Everyone knows that a five year old simply needs to hear, "You can watch a new video every day, and eat candy for dinner" and that child will want to live in the home that offers it.

This is why merely saying it is not enough for your situation.

You need an objective, educated person to explain why the child would express such a desire (e.g., the mother is abusive, the boyfriend is abusive, the father has made many appealing and inappropriate promises, etc.).

Sorry. You're really going in a wrong direction on how to put together your case. If your goal is to have her living with you, read some of the posts on my website, and look into some of the Recommended Books on putting together a sound strategy (if possible).


This website gives common sense advice that is not intended to act as legal guidance nor psychological guidance. The author is neither an attorney nor licensed psychologist. For specific legal guidance or specific psychological guidance, consult with a licensed professional.

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