Legal Question in Family Law in Florida
Can my exhusband have my 12 year old son go before a judge to reverse the custody to him to have my son live with him. I have had custody of my son for over ten years. My ex husband continues to try to alienate my son from me and has him convinced that he should live with him. my son has been showing disrespect and being defiant after visits with his father. There is no abuse or neglect when my son is with me. Can a court give him to his father for no reason other than the fact that my son doesnt like being punished at moms house? I have created a stable environment for my son. I am a single mom who owns my on home in fl, and the Father still lives with his mom and doesnt work very much.
thank you for your time.
Nicole
1 Answer from Attorneys
It would be extremely rare for a judge to allow a 12 year old to testify. Even if the judge were to allow you 12 year old testify, it would be even more rare for the judge to give any weight to his opinion as to whether he wants to live. For custody to change, the judge would have to believe that an unexpected, material, and substantial change of circumstances had occurred in your case. Your son deciding that he wants to live with his father is not such a change. Nor is the fact that your son doesn't like being punished. You should speak with a lawyer to be certain, and present all of the facts in your case to that lawyer, but it sounds like your ex husband's case is very weak.
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