Beginning the fight

[Gatordad]

Dear SOC,

Background,
Divorce 1998, have a girl, age10.  my Job is relocating me to TX.  Because my Ex-wife and her now Ex husb after me were involved in altercations (which she was subsequently charged with Agrravated Assault)-charges were later dropped.  My Ex-wife is now living with a 60 yr old man and has no job.I tool her back to court in 2002 to remove the designation of primary residence in FLA.  Netiher one of us hold the designation now.

My attorney told me I had to file for Custody based on the fact ALL above happened before the last order was signed.  My daughter wants to move to TX with me, my wife, her B10, who my daughter has been around since they were 4 yrs old.

My daughter has been in session with a psychologist for 4 months for anxiety related to school/tests.  My daughter has shared with the doctor her desire to move t TX with me.  The last session, in front of the doctor, my daughter told her mother she wished to move and that this was a decision she made without any prodding from me.  Her mother simply said " you are being brain-washed".

Questions:

1.  Is thier any case law for Florida that will show when a child may request a meeting with the judge overseeing the case?-Is this a good Idea?
2.  Is thier any case law where a child age 10 was deemed to have the understanding enough to request wich parent she wishes to live with.
3.  Not only am I, my wife, the B10 moving, Her aunt on my wife's side is moving.  Later this year, My wife's parents will retire and move to TX.  My daughters "family unit will remain in-tact.  WIll this play a big portion in a decision the Judge makes? (PS-My EX-wife's parents are both deceased.)
4.  What other information should I gather for this?

Help.

Florida dad    

[socrateaser]

>1.  Is thier any case law for Florida that will show when a
>child may request a meeting with the judge overseeing the
>case?-Is this a good Idea?

You don't need case law. The child is not a party to the case -- only a witness. So, if you want to have the judge consider the child's testimony, then subpoena the child to testify, and provide an affidavit from the child in your pleadings stating that she wants to move and why.

>2.  Is thier any case law where a child age 10 was deemed to
>have the understanding enough to request wich parent she
>wishes to live with.

The court has broad discretion to give weight to the child's testimony. I know of no specific case law, but you would do better with testimony from the therapist stating why child generally appears to prefer you to the other parent.

>3.  Not only am I, my wife, the B10 moving, Her aunt on my
>wife's side is moving.  Later this year, My wife's parents
>will retire and move to TX.  My daughters "family unit will
>remain in-tact.  WIll this play a big portion in a decision
>the Judge makes? (PS-My EX-wife's parents are both deceased.)

This isn't a question, so I have no response.

>4.  What other information should I gather for this?

What information should you gather for what?