Legal Question in Family Law in Florida
Joint custody
My ex wife and share joint custody of our three children in florida, i have them one week and she one week. My youngest daughter never wants to go with her mother and says she wants to live with me full time, she is 9. Does she have to go with her mother?
2 Answers from Attorneys
Re: Joint custody
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Absolutely. A nine year old child is just that - a child. She has no right to determine which parent she wishes to live with. Only an agreement of the parents or a court order can alter the living arrangements.
Scott R. Jay, Esq.
Re: Joint custody
Sounds like some family counseling is needed here. I would want to know why the 9 yr. old child does not want to go with her mother. Both parents stand on equal footing and that must have been so when the rotating custody was agreed upon. Now it changes?