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Florida Motion for Testimony and Attendance of Minor Children

State:
Florida
Control #:
FL-12944-A
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Description

A motion is a written request to the court to take a certain action. The court will either grant or deny the motion in accordance with law and court rules. This document, a Motion for Testimony and Attendance of Minor Child(ren), is a model motion requesting the named action from the court (or a general motion form). Adapt to fit your facts and circumstances. Available for download now in standard format(s). USLF control no. FL-12944-A

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FAQ

A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court.

Family law judges take many other factors into consideration. Until a child is a legal adult at age 18, he or she cannot automatically choose which parent to live with. Cases in which one parent wishes to relocate can also be challenging.

In cases where parents can't agree, a judge will decide visitation and custody based on the child's best interests.Both parents are bound by the terms of a custody order. If your child refuses to go to visits with the other parent, you could still be on the hook for failing to comply with a custody order.

If the child is 12 or older, the judge may consider the wishes of the child. The judge may consider the wishes of the child as long as the judge determines that the child is "of sufficient age and capacity."

No, she cannot choose and have it be the way she wants. she may express an opinion to her guardian ad litem if there is one, but the child is not in charge.

A: California Evidence Code Section 700 says, Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter. So, yes, your child could have his deposition taken, but if you are the appointed guardian ad litem (discussed

The majority of judges feel that a child's testimony should be elicited at no sooner than 13 years of age. The Florida legislature has not provided a specific age-range to judges, so the discretion really rests with the court to decide.

In Florida, the age a child can choose a parent to live with will depend on the child's overall maturity. Unlike other states, in Florida, there is no particular age when courts must consider a child's preference.

A child cannot choose which parent they want to live until they are 18-years-old. As they get older, however, their opinion can have a greater weight with the court.

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Florida Motion for Testimony and Attendance of Minor Children