Legal Question in Family Law in Florida
My 17 year old son, who will be entering his junior year in high school in Florida, is currently visiting his mother in Arkansas for a few weeks and has advised that he will not be returning home and wishes to live with her. I am against this and feel that in his best interest he should remain with his family, including myself, his step-mom and a half sister. He has lived with me for all but 3 years of his life, between the ages of 4 and 7. We have never had a formal custody agreement as it was never necessary as his Mom was happy to let him live with me. She sent just a small support check of $100 a month. Due to his age and his preference to live with his mom, I am worried that we would lose in a custody battle. Would we have any other options? Could we require his Mom to live in FL as that is where we lived at the time of our divorce?
3 Answers from Attorneys
He is 17. At 18 he is emancipated and it would take longer in court to resolve the issue. Best if you all could meet to discuss the issues. You could also use a family mediator. Good luck.
They have zero chance of winning the child's opinion is never evidence. you can easily file a motion for the return of the child and you will win
I have about a thousand questions to ask you before I answer your questions, but this forum doesn't permit that. I haven't any idea how the other lawyers could possibly have given you the answers they did, though I agree with the practical answer from the lawyer who said that your case likely may not be resolved before your son turns 18.
First, now you know why formal timeshare ("custody") plans are required. Next, no, you can't require the mother to live in Florida. Your only option at this point, legally, is to open your divorce case in Florida (which may mean also transferring from the state in which you got divorced if it wasn't Florida), and filing a motion to establish a parenting plan.
As a practical matter, almost all teens come to a point where they want to "switch parents." Maybe his mother is acting like Santa Claus and treating him like gold because she never had to raise him, maybe he met a girl in Arkansas and thinks he's in love, maybe he just likes meeting new friends, but almost invariably, these kids change their minds and want to come back home.
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