Legal Question in Family Law in Florida
custody
Ex husband has primary custody of minor children(14 and 9yrs old) with my wife having visitation rights on holidays and summers. This year the 14 yr old asked if she could spend the summer with her Aunt in California so that she could have some time to herself without her sister. Permission was granted by my wife. Now, she called and said that she is staying in California and not returning to Texas. Her dad is in agreement with this. Can this be done without my wife's consent? Also, we would like to keep the younger child with us here in Florida rather that have her return to Texas without her sister there. (We have full custody of her 15 yr old half sister as a side note). Is there any possibility of keeping her here until a decision is made about her sister and guardianship in California? The original custody decree was in North Carolina, her ex husband lives in Texas and we live in Florida. Where is the best place to pursue this?
1 Answer from Attorneys
Re: custody
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
The 14 year old child has absolutely no right to make a decision where she will live. As the parent with primary custody, that decision is yours until a court takes that away from you. Her dad cannot alter this without your wife's consent.
Similarly, your wife cannot alter the residence of the younger child if the husband has the primary custodial rights. You cannot keep her here while a determination is made anymore than the husband can keep the 14 year old in California pending a court determination. Each child's custody will be determined by the family court in the state in which the primary residence is currently.
Scott R. Jay, Esq.
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