Legal Question in Family Law in Florida

Child requesting change of custody
Over this past summer I had both kids for a month and a half. My daughter (14) decided that she wants to come live with us. She has no self-esteem, is picked on horribly in school, has problems with peeing the bed occasionally and basically has no supervision. She went home and tried to logically talk to her dad about coming to live with me and he exploded on her leaving her in tears and sorry she asked. I told her if she was ready to go to court, we would get an attorney and pursue it. She wasn't ready yet, because he told her he would disown her. Now, she is ready to go to court. Her only fear is that her father will find out while she is still in his house and how miserable he could make what is left of her life. I've asked her the reasons for wanting to live with us and even being biased as I would be, they truly are logical reasons.

1st ?: In a case such as this, is there a concession for her being afraid to stay in the home while the case is proceeding? And what is it?
2nd ?: Is this type of a case any different than a regular custody case since she's the one requesting the custody change? And is it any less expensive?
3rd ?: Does having shared parental responsibility make this type of case any easier and if so, how?

Asked on 2/18/06, 12:05 pm

David Slater David P. Slater, Esq.

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Re: Child requesting change of custody

You would have to petition the court for change of custody. The child's preference is only one aspect however, her best interest is paramount.

Answered on 2/18/06, 1:20 pm

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