Legal Question in Family Law in Florida

Child Custody

My ex has custody of my 16 year old daughter and 13 year old son. My ex and my son have expressed wanting my son to be with me. What do I need to do? I currently pay him child support. If my son comes to live with me, what happens with the child support? Since I would have one child and he would have one child, would it just cancel out? Thank you so much.


Asked on 2/28/08, 10:00 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Child Custody

A written agreement covering custody, visitation, and expenses would be appropriate.

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Answered on 2/29/08, 6:38 am

Re: Child Custody

If the son is living with your ex pursuant to a Final Judgment of the Court. You would have to file a Supplemental Petition for Modification of Custody. You and your ex could then forward an agreement changing custody which could be approved by the Court in a new Judgment. The child support would have to be adjusted as part of this new order. It does not cancel out. Child Support would be determined based on Florida Child Support guidelines. The parent earning more would likely have to pay the other child support to balance the standard of living in both homes.

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Answered on 2/29/08, 10:37 am


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