Legal Question in Family Law in Florida
I am a county sheriff who is divorced and has a 15 year old son (will be 16 years old in September). His mother & I have shared custody - one week with me and one week wih his mother. His mother has remarried a county sheriff as well. I have been told by my son that his step-father has pushed him around and hit him on occasion. My son wants to live with me on a full-time basis. Would the court allow my son to speak for himself and request to live with me on a full time basis? He is a mature young man who I believe is capable of choosing with whom he wants to live with. We live in Palm Beach County, Florida. If so, could my son file his own Petition with the court and be appointed a Guardian ad Litem to help him represent his wishes?
2 Answers from Attorneys
In a situation like this, you would file a Supplemental Petition to modify the original time-sharing/Parenting Plan. You would then make a motion that he be allowed to testify as to his preference of where to live. The judge will decide whether or not he would be allowed to testify, and his preference would be one of the many factors that the court would consider in making the decision of whether or not to modify the Parenting Plan and whether the requested change was in your son's best interests.
The court can either hear from the son himself (after filing a motion) or through a Guardian appointed by the court. Contact my office for free consultation 727-446-7659
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