Scenario

Tim and Samantha are going through a divorce. Tim is off on the weekends and Samantha has to work on the weekends. They have been separated for six months now while waiting for trial. They have one male child, Jason, who is 13 years old. Jason lives with his dad Friday night through Sunday night. Jason lives with his mom Monday night through Thursday night. Jason wants to live with his dad because his dad buys him all kinds of electronics and takes him on trips on the weekends while his mom is working. Samantha takes care of Jason every day making sure his homework is completed and has him do his daily chores. Since Samantha works on the weekends and Jason is in school during the week, she can't take him to do the fun things like his dad does. Tim and Samantha cannot agree who should have their child the majority of the time, although they are close to a 50/50 timesharing arrangement. Jason told his dad he wants to live primarily with him. Larry, Tim's attorney, files a motion with the court asking for Jason to testify as to his wishes.

Initial Post

Discuss in your first initial response florida statutes, caselaw, state rules, or local rules whether the court would allow Jason to testify.

Secondary Post

Search online for any local information In florida, such as from a local family law attorney who has posted on his or her website information about this topic. If you are inclined to do so, you may alternatively call a local family law attorney or mediator and tell them you are working on a course discussion and you would like to hear an expert's opinion as to whether a court in your jurisdiction would allow Jason to testify. Post a secondary response, the results of your online research or conversation with the expert. In that same post, if your own opinion differs from the online research or expert's opinion, state your reasons why, acknowledging your own experiences and/or biases.