Legal Question in Family Law in Florida

How can I get my 16 year old daughter with me if she isn't with her mother?

My ex-wife sent my 16 year old daughter to live with her relatives in another state because she doesn't get along with her and can't control her. (My daughte has been acting out against the mother)I was not given an option to take her or was part of the decision to send her away. I pay child support, my ex has custody, she is a single parent, I am married and my 17 year old step daughter lives with me and my wife of 8 years. She gets along well with her step sister. My daughter wants to live with me. Her mother told her she wouldn't be happy here with me. I truly believe that the mother doesn't want to give up $300 a week in child support or control. Is there anything I can do legally? Shouldn't she be with me and shouldn't I have been the one my daughter should have been sent to, to live with? Do I have any rights or say so? What should I do or what can I do? The mother has given temporary custody to her family members in New York and they have enrolled my daughter in school there. Should she still be recieving child support from me? I just want my daughter here with me in Florida.


Asked on 5/04/09, 9:40 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: How can I get my 16 year old daughter with me if she isn't with her mother?

You need to file a petition to change custody (technically called amending a parenting plan) saying that a substantial change in circumstances has occurred. The change is that your daughter no longer lives with her mother. That should be sufficient to change custody to you.

You shouldn't do this without a lawyer, though.

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Answered on 5/05/09, 10:50 pm


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