Legal Question in Family Law in Florida

How old does a child have to be to speak to the judge on his behalf?

My husband has 4 children from a previous marriage. Last year we went through a crazy child custody suit, that we eventually gave up b/c of lack of funds. In the past year my hubby's oldest son (15) has said more than once that he wants to live with us. He was in a terrible motorcycle accident and ever since has said that he doesn't feel safe at his mother's house. So, we talked to the ex and she agreed we enrolled him in school here and now she is saying ''no'' but he is insisting that he does not want to live with her. We have tired to talk to the ex rationally even begging her to sit down with us and a parental coordinator (that was court ordered) which she has failed to do...to discuss this issue. The 15 year old has shed some light on why he wants to live with us - like the fact that DCF has been called on his mother 3x in the last year and the fact that she tells him she hates him b/c he looks like his dad. He has written a letter for the judge as to WHY he wants to live with us...but what do we do? We don't have the funds to get a lawyer so we have to do it all on our own...what now? Someone help!!


Asked on 7/13/08, 2:20 am

1 Answer from Attorneys
Robert Simpson

Re: How old does a child have to be to speak to the judge on his behalf?

If the court ordered a parental coordinator to "mediate" this issue and the ex hasn't done it, then there is that possible contempt charge, at least, it is worth getting a hearing about it. You could do it pro-se (I'd advise against it) by filing your motion and noticing a hearing. Request from the judge that he give the 15 yr. old a chance to talk to the him in private. Some judges will do it; others will not hear from a child under any circumstances. You'll find out quickly.

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Answered on 7/14/08, 8:24 am


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