Legal Question in Family Law in Florida

Re: custody

That would require a modification of custody. To petition for modification, there must be a substantial change in circumstances that existed at the time of the final judgment. If it took place a long time ago, the age of the child might be a substantial change (enough to have the court hear the case). However, the court has to consider many factors to decide on custody and the preference of the child is only one. It will be weighed against the other factors (same as original custody).

Re: custody

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A child of 13 is too young to make decisions of that nature. The court order is controlling and can only be changed by a modification of the order. If you do not agree to the modification, it will be hard for your husband to be able to have it done. He would have to prove that it is in the best interests of the child to change the custody and that there has been a substantial change of circumstances to justify the modification.

Scott R. Jay, Esq.