Legal Question in Family Law in Florida
mi song
my song is 12 years old,he want live whit me.can he decide?thanks
2 Answers from Attorneys
Re: mi song
Unfortunately, no. If there is an existing child custody order, you would need to file a supplemental petition for modification of custody and show the court that there has been a substantial change in circumstances that warrant your son living with you, and that it would be in his best interest to live with you.
It's a high burden for you to prove. The court won't consider what your son wants until he is 14 or 15.
Re: mi song
You son is not of the age where a Court will decide which parent he lives with based on his wishes. In order for him to live with you, a Petition for Modification of Custody must be filed and you would need to convince a court that a something significant has changed since the Court awarded custody. You would also have to prove it is in your son's best interest for him to reside with you. Absent abuse or neglect, it is generally difficult to get a court to change custody.Your son's preferences may be given greater weight when he is 15 or 16.