Legal Question in Family Law in Florida
I live in Florida. My daughter is 13 and recently told me that she would like to spend more time with me at my residence. I know that my ex wife will not agree to let my daughter come stay with me as as the custodial parent. Is there anything that she can do to stop that from happening. In other words if my daughter chooses to move with me can my ex stop her from doing so?
1 Answer from Attorneys
You can file a supplemental petition to modify the parenting plan and time-sharing. You would also need to file a motion to allow your daughter to testify. The judge would then make a determination as to whether your daughter is mature and intelligent enough to testify as to her preference.
Even if she is allowed to to testify as to her preference, that is only one of the many factors that the court would weigh in determining what her best interests are.