Legal Question in Family Law in Florida

Re: a child having a choice

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You have no right to unilaterally decide to limit the father's visitation. The only party who that authority is a court who hears the case. You can reopen the existing case if you still live in the same jurisdiction with the child. Both parties will be afforded the opportunity to present their case and a judge will make a decision.

The court may allow the daughter to testify but often will not restrict a parent's rights to visitation unless you can show that the child is endangered or it is truly not in the child's best interest. A simple preference of a child is usually not afforded much weight in the decision making process.

Scott R. Jay, Esq.

Re: a child having a choice

I suggest you petition to modify custody using the father's "craziness" as a substantial change in circumstances (which you need to modify). That added to the child's preference might be enough. You can try. You will probably need a home report and expert testimony on the problems with Dad.