Legal Question in Family Law in Florida
Can my ex gain shared custody of the child if she has lived in a different state for the last 5 years and has been paying child support? She moved back to the area last week. I am willing to let her have alternating weekends. She wants to get the child every other week and stop paying child support. She moved back to the area without her current spouse.
2 Answers from Attorneys
you will have to file for a modification of parenting plan. There is no longer in the state a primary custodial parent and shared parenting plan. If she files the appropriate papers, then you will have a hearing on the issues.
This is not to say she gets what she wants but she may get more visitation but still have to pay.
In order for her to change the current visitation agreement you have in place. Your ex would have to file a Petition to Modify Visitation and a new Parenting Plan. There would be a hearing addressing the issues. She would get new visitation but since you are the primary residential parent she would still be required to pay child support.
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