Legal Question in Family Law in Florida

Florida change of custody

My son is 16. He lives with the mother per the divorce papers. He now wants to live with me immediately and going foward. I am paying monthly child support to the mother.

What do we need with regards to Florida law to have this divorce action changed? Can he make a legal choice at 16 to change who he lives with without court approval?


Asked on 7/18/09, 5:02 pm

2 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

Re: Florida change of custody

Hello:

In response to your question...

You have to file a Petition to Modify the Final Judgment with the Court and serve your ex. with the papers. If she will agree with the change, it will be easy to Modify. If she does not agree with the change, you have to litigate the matter (attend mediation to try to settle and if that fails, there would be a trial before the Judge).

Your child's age and preference to live with you is a substantial boost to your case.

If my office can be of any assistance to you in No. Fla., please give us a call. Tom Rosenblum

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Answered on 7/19/09, 4:54 pm
Brent Rose The Orsini & Rose Law Firm

Re: Florida change of custody

The decision isn't your son's. Either you'll have to have the agreement of the mother or you'll have to petition the court. In court, you'll have to have much more evidence than just the desire of your son to move. You'll have to have very strong evidence of neglect or abuse on the part of the mother.

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Answered on 7/18/09, 11:06 pm


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