Legal Question in Family Law in Florida
Custody of 16 year old girl
Without court intervention, I allowed my children to go live with their father when they were 14 and 16. My daughter is 16 now, and I just found out that her father and her step-mother are separated and divorcing. My daughter is living with her step-mother. She tried to keep this a secret because she wants to stay with her step-mother. The step mother does not have custody awarded by the court, and technically neither did the father. We never went to court about the change in custody. What are my rights at this point? Can I enforce my custody?
1 Answer from Attorneys
Re: Custody of 16 year old girl
You are the primary residential parent pursuant to a court order. Your status as such is not changed except by court order.
Generally, step-parents have no custody rights if there is a natural parent who is available to care for the child.
Your ex could petition the court to request a modification to appoint him as primary residential parent based on changed circumstances ie. the past 2 years spent with him.
In my experience, when a child is an older teen it is not always beneficial to force the child to live with a particular parent simply because that parent is the designated residential parent.
You should consult with an attorney who can review all of the facts of your case.
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