Legal Question in Family Law in Florida
i have a 15 year old that wants to live with her mother full time and only wants to see me 2 weekends out of the month.... she says it would make it easier for school..she says she is tired of bouncing back in forth between two homes... right now it is split parenting one week on and one week off... I dont want to do that at all ... i want to be a full time parent but she really has her mind set on moving and living with her mom full time.... her mother is willing to work with me, even giving me the option if i want i can call and take her out on the week day after her homework is done...but i keep fighting the issue... I dont want to be a part time father... however i do understand what she is saying and i know at this time it is very important for a girl to be around her mother more... (she told me she was't happy living with me full time) and that really hurt... i was glad that she talked to me first, she never even brought this up to her mother until we talked first... please help
2 Answers from Attorneys
You are faced with a difficult decision; however, it involves important parenting issues rather than just legal issues. Does your 15 year old daughter have a legal right to make or at least request such decisions? Likely, yes. Apparently, you and her mother agreed to the present arrangement which was included in a court order such as marital settlement agreement as part of the dissolution. If your daughter is a reasonably mature 15 year old who has clear, well-considered reasons for her decision, a court will likely listen to her, her mother, and also to family counselors or other persons advising the court. The fact she has discussed the matter with you and her mother is another reason a court would likely listen to her. So, yes, it appears that she and her mother could petition the court to change the present agreement, based on a substantial change of circumstances, and be heard by the court. You and your former wife could agree to change the agreement, consistent with the best interests of your daughter, perhaps discuss it with a family law attorney, and obtain court approval. I am impressed with the mature, reasonable attitude of you, your former wife, and daughter.
I believe Mr. Martin has given you some solid advise. My only other thought would be is there any outside reason that your daughter is wanting to do this - ie a boyfriend perhaps. If mom is working and she would have a considerable alone time at home ---- well you get the gist of this.