Legal Question in Family Law in Florida

I am divorced from a man who is an alcoholic and abuses drugs. He has been arrested and convicted in 2005 and 2007 for a DUI and in 2007 for possession of marijuana. He has also used cocaine, but never caught. During our separation my son lived with me all the time, but had joint custody. He is 14 years old. I recently remarried a man who is a police officer and high school football coach and is known in the community for his good character. My son has decided that he does not want to live with me and my new husband, so he has gone to live with his father. Knowing my ex-husbands behavior and habits, this disturbs me. However, I have heard that a child at 12 or older can decide where they want to live. Is this true and even if it is can I sue for custody based on this mans character and record? I feel that my son is being reared by a drug and alcohol abuser with poor morals and habits. I feel that I must do something and that it is my obligation to get him out of this horrible situation. I know this is a long question. Basically, can I get custody based on this and how should I go about it?


Asked on 8/31/09, 1:15 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Your son doesn't get to decide where he wants to live, and this "12 or older" thing is B.S. Who has "primary timeshare" or custody under your divorce or your divorce agreemnt? If it's you, it needs to stay that way.

If not, here's what happens: your ex goes to court. He says there is now a "substantial, unexpected change in circumstances," specifically, he has custody, regardless of what's in writing. Now he wants the judge to order legal custody because he has real custody. Then guess what? He wins. On top of that, you pay child support.

If your agreement or judgment says you have custody, send a letter to your ex immediately demanding that you have your son back or you will file a motion for contempt. If you don't have custody, get a lawyer, go to court, and pray you haven't screwed this up because some idiot told you that 12-year-olds gets to pick the parent.

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Answered on 9/01/09, 10:04 pm


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