Legal Question in Family Law in Florida

Change of custody

My son has a daughter who is almost 2. A child support order was done through the courts. He was supposed to pay through the courts but instead was paying her directly. The mother has decided to leave the state to attend school. We asked her to leave the child here so we can take care of her instead of strangers. She agreed but has not stopped the child support order. How can we get it stopped? We don't want any support from her. Can it be stopped and arrearages be taken away since we now support the child fully? She legally has full custody and will not sign papers to change that and we don't want her to just come and take her away to a non-stable environment. I am concerned about the mounting child support my son owes, along with her coming and taking the child away and pressing the law for him to pay the arrearages. I guess in a nutshell, can the order be stopped and arrearages be wiped out, since he is now fully supporting her without the courts asking the mother to pay support. We fear asking her to sign anything thinking she may just come and take her to avoid any custody changes by law and having to pay support.


Asked on 5/12/09, 11:48 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Change of custody

He could file a motion to abate support, but it really isn't the right way to go about it. What he really needs to do is file for change of custody (we now call it "majority timeshare"). Florida law disallows the mother from permanently removing the child from the state with his permission or a court order.

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Answered on 5/13/09, 5:35 pm


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