Legal Question in Family Law in Florida

Can a child choose which parent he or she wants to live with and can a 17 year old choose whether or not to visit the non-custodial parent?

If I had money I would be glad to pay for the best attorney. My x has not paid child support. He has injured his back and can no longer work. he is retiring after 33 years at AT&T. He is behind on child suport and he is suppose to pay alimony after child support ceases. Now, after 5 years of not seeing kids, his choice, he wants to start seeing them , but quit paying child support. He wants me to sign a paper saying that I will accept half of his retiremnet and never receive any more money. NOW, he wants to be a dad because he has nothing better to do. He can no longer go out and party, etc, due to the pain he is in. He is telling my 14 year old son that he can choose who he wants to live with and telling my 17 year old daughter that she HAS to visit with him whether she wants to or not. Please tell me what the law is on this. PLEASE, I need help.


Asked on 9/04/10, 8:50 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

The child cannot choose who to live with. That should be detailed in your divorce decree. If a parent has visitation rights, then he has those rights, regardless of the child's wishes. I don't see what would be the problem about him deciding to be a dad and not sure why you would not want that for your children.

Read more
Answered on 9/11/10, 3:02 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida