Legal Question in Family Law in Florida

Re: child custody

Court required child support normally ends when your child becomes an adult. Both of yours are relatively close to 18. As they get closer to 18, often the parents are forced to consider what the child wants and let that happen. But you would want to get the court order adjusted if custody changes so you memorialize that both parents understood all the changes that were occurring and you don't get a demand for support later.

Re: child custody

Once a primary residential parent is designated, unless the parties agree otherwise, it is very difficult to change.

If you agree to primary residential custody being designated to the Mother, if the kid(s) later end up living with you, you will need to promptly file a supplemental petition for modification. Do not sit on it.

Children do not have the prerogative to decide which parent they will live with. The older they are, the more likely the Court will defer to their preference, but is not their decision.

The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.

An Internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

Re: child custody

Only by the order of the concerned court. Advisable to contact some attorney/lawyer

Re: child custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Once a court order is entered, it can only be changed by another court order modifying the original. If the parties agree to the change, it is relatively simple to obtain. If the parties disagree, a judge is usually reluctant to make any modifications unless you can show with clear and convincing evidence a substantial change in circumstances that would warrant a modification and that the modification would be in the child's best interests. This must be done through the legal system and includes any modification of child support.

Until the child reaches the age of majority (which is 18 in Florida), the child does not have the final say where he or she wishes to live. The closer a child gets to 18, the more consideration a judge is likely to give to a child's feelings and wants.

Scott R. Jay, Esq.