Legal Question in Family Law in Florida
Broken Suplemental Stipulation
My exspouse and I reached an agreement and filed it with the court 2 1/2 years ago. It states that our child can stay in Fl. living with her Aunt and Uncle, while I relocated to Pa. with my 2 other children and Her dad drove over the road as a truck driver. A year ago, the aunt and uncle got a divorce. Now he is not there. They have a daughter, the mother won coustody of her, then turned around and gave sole coustody to her dad 4 weeks later. Now the girl lives with her dad, my ex is still driving over the road, my child says she wants to live here with us. I have tryed to talk to him, he tells me that she is fine living there. I was just wondering if i have to take him back to court to get the order changed? What exactly do I need to prove to the judge? I have tryed to talk to him for over a year. it gets me no where. The aunt now has a new man living there and my ex thinks thats ok. i was never asked about it . We share perental responsibility and he never talks to me about anything that is going on. He didnt even tell me about them spliting. The uncle called me 2 months after he had moved and wante to know if i knew.... what are my chances of getting my girl back. I had priimary coustody for 71/2 years before i moved.
1 Answer from Attorneys
Re: Broken Suplemental Stipulation
Yes, you do. Only a court can approve modification of a prior custody decree. The best interest of the child will dictate.