Legal Question in Family Law in Florida
Change of custody
My exhusband has primary custody of our two children ages 13 and nine, and they live in Florida. I live in Michigan. Recently he was investigated for abuse. It was unfounded, however for some reason he is now ready to get rid of my 13 year old. He wants me to come and get her and let her live with me. I am getting ready to sue for custody of both children, but for the time being I need to know what kind of document that I need to have him sign, saying that he is letting her live with her mother, and what laws are involved. Please help me. Thank you.
4 Answers from Attorneys
Re: Change of custody
In Michigan, there is no need to sue for custody when the custodial parent agrees to the change in custody. All this requires is filing the proper paperwork with the court. Feel free to call me, Nancy Moore, during office hours at (734) 591-3737 to see whether I can be of service to you.
Re: Change of custody
You didnt say which court has jurisdiction. If Florida, have your attorney prepare a stipulatiuon for modification of the Final Judgment. Recite as much in the way of facts that lead to the present circumstance. Both parties to sign and an order prepared and sentto the judge for entry. No need to sue. Fees should be for maybe 2 hours legal work.
Re: Change of custody
You don't indicate which state granted the divorce and thus has jurisdiction. It is important to submit paperwork to that court to arrange for the change in custody. In Florida both parents should agree to a "stipulated order" modifying custody and any related issues such as support. An attorney could prepare the documents in 2-3 hrs, avoiding for you possibility of major future problems is other parent changes mind or attitude.
Re: Change of custody
You have already received 3 responses. Mr. Cohen has described what needs to be done if the original divorce was in Florida. The procedure in Michigan is very similar. You should be able to retain an attorney near you to prepare the necessary documents. I suggest that you have the paper work reviewed by a Florida attorney if jurisdiction is in that state. John C. Talpos (http://www.Mich-Lawyer.com)