Is a custody change more likely to happen if the 15 yr old child has preference?

[Shell711]

My 15 yr old and 14 yr old boys want to come to live with me in Delaware, and I want that as well. How heavily will their preference weigh on a judge if a request for change in custody is filed? What are the major determining factors in a change in custody when it would require the children to move to another state?

[Attorney Cheri Hobbs]

A minor child's testimony or preference being admissible into evidence depends on the judge who will hear the motion. Some judges will not allow even a 17 year old's testimony but some judges will hear from someone as young as 14 years old. The standard in Florida to modify time sharing or residence for children is "Substantial Change in Circumstance" and "Best interest of the Child." You will have to show that there has been an unanticipated change in circumstances (not the child turning one year older...for example) and that it would be in the child's best interest to move.