Legal Question in Family Law in Florida
I have a 13yr old and a 10 year old. They have been living with my wife during the school year and with me during the summer and holidays. We have joint custody. My 13yr old is refusing to go back to her mothers and wants to stay with me to go to school. Is there anything her mother can do to stop her.
2 Answers from Attorneys
The answer depends on if their is a prior court order dealing with primary residence.
There is plenty the mother can do to stop this, as presently your agreement is for "joint custody". Deviation from a court order or court adopted agreement can be grounds for contempt, etc. Also keep in mind, the court will always look at the best interests of the child in making any determination as to a proposed change.
I would suggest that you hire an attorney for the purpose of modifying your present "custody" situation/order/agreement. If the child ends up spending more time with you, by court order, it is possible that any child support you pay to the mother could be reduced or even possibly eliminated.
This is NOT LEGAL ADVICE. It is intended for informational purposes only and should not be relied on to make any legal or medical or other major decisions. If you have any specific questions or inquiries regarding any of this information, you should consult with an attorney licensed in your state.
Cary Levinson, Esq.
Levinson & Capuano, LLC
(954) 703-2110
BrowardLegal.com
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