Under Florida law and its Domestic Relations Act XLIII, there is a presumption for time sharing with regard to child custody, called guardianship in Florida. Under the statute, a child never may choose whom he or she will live with.
To change custody under Florida law, you must demonstrate that there has been a change of circumstance since the last order and that the modification of custody is in the child's best interests. The statute states specifically that - "For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent's relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration."
Only after a thresh hold showing will a child's opinion be considered if the court deems that child to be of suitable age and maturity to express an opinion. Often, that does not occur until the child reaches the age of 12 or older.
There are now twenty factors for consideration when considering a change of custody and what is in a child's best interests. Some may or may not apply to you. They are highlighted below:
To review the full text, see section 61.13(3) of the Florida Statutes.v http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0061/Sec13.HTM
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