Legal Question in Family Law in Florida

My ex boyfriend has physical custody of our daughter and I have visitations. he lives in Miami and I live in San Antonio. In May of 2010 I picked her up for the summer and she told me she does not like living with her father because he is very aggressive, is barely home so she spent all day with his wife and he made her take cold showers when she talked in class. When I spoke with him he said it was ok for her to live with me as long as I dont apply for child support or any type of government assistance, which was fine by me. She has been living with me since that time. She is doing excellent in school. Her father does not call and the last time they spoke was in June of 2011. I want sole custody of her as he doesnt provide any type of care for her. Should I file for a change in custody and should I do it in Texas or Florida. I donot want my daughter back in that situation and her father has shown that he doesnt want to provide for her.


Asked on 5/26/12, 9:11 am

1 Answer from Attorneys
Veronica Robinson Law Offices of E.F. Robinson, P.A.

You must file the modification of custody in the child's domicile or in the county where the original custody order was entered. You will have to show the court that there is a substantial and unanticipated change in circumstances so that it is in the best interest of the child for the modification to occur. If there is no original court order, then you need to first establish paternity and you can do that in Texas (the child's domicile).

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Answered on 5/27/12, 4:46 pm


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