Legal Question in Family Law in Florida
I live in Florida, my daughter is 15, her father is the primary and we have shared visitation. She now wants to come live with me full time since he is verbally abusive towards her and it has been increasing. I plan to petition the courts to revise our parenting plan for me to be the primary. He will do everything in his power for this not to happen only to hurt me. The only reason I allowed him to be primary in the first place was to avoid this exact drama for the kids sake, I do see her whenever I want but he calls all the shots and takes her phone away so she cannot speak with me. The bad situation has gotten worse and I need to fix it asap. My question is...If I petition the courts to amend our parenting plan, will my daughter have a say in who she wants to live with?
3 Answers from Attorneys
Under Florida law she has the same rights to choose as a dog or cat. Some Judges will her to speak in court but it is not binding. Consider the state where she is living, do they allow a minor to choose?
He should. If she is seeing a therapist, have her get involved.
Probably yes, you have to file a motion and get an order for the child to testify. You should also hire a lawyer and a mental health expert.
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