Legal Question in Family Law in Florida

Re: child's reaction to change of custody

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Most likely not. A judge will not usually be swayed by the reactions of a young child. Children are easily upset but generally will just as easily adapt to a new environment. There must have been good reasons for the judge to to change the primary residential parent and it is highly unlikely that the child's emotions will make a difference.

Scott R. Jay, Esq.

Re: child's reaction to change of custody

It depends. The court must consider the totality of the facts and make a decision in the best interest of the child. If a home report is ordered and the report shows that the child is miserable and not thriving with the other parent, that will definitely be considered. However, whatever pushed the court to rule in favor a removing custody after 8 years will be heavily weight as well. So, again, it depends.