Legal Question in Family Law in Florida
Ex Seeking to revise primary custody of 15 yr old daughter
I was diagnosed with breast cancer in 12/2000, my ex was cheating on me with my daughter's best friends' mother. During my chemo and speaking with attorneys, an agreement was finally settled. I was given primary physical custody of our 9yr old and I advised the court that I would be leaving NC to return to FL after 10 years of marriage. I gave him the house, etc I did get a QDRO and got a home for my daughter and I. I had been pending Social Security since 12/2000. I was just awarded the SS since June, 2001. He petetioned that all child custody matters be handled in FL. and took me to court to revise visitation. Granted. I had the child support raised, granted. He also had me investigated by CFS and their ruling was a fit parent. Now he has my daughter in NC for the summer visit. She called crying her heart out saying I was going to have to go to court on 7/23/07 and that he was requesting full custody. I told her I had not been served and retained an attorney. She loves her dad but is afraid of him. She wants to continue to live with me in our home. I have a case with FL Child Enforcement for back child sup. Daughter wants to see him but is afraid of his temper. He in turn does'nt want to pay sup. Does a 15yr hv a say?
1 Answer from Attorneys
Re: Ex Seeking to revise primary custody of 15 yr old daughter
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.
While a 15 year old's opinion might be listeded to by a court, it will not be the final decision. The judge will listen to the evidence and testimony of all parties and make a determination. You may wish to request that a guardian ad litem be appointed to investigate the situation. The guardian will then report back to the judge with his or her opinion after looking at all pertinent information and speaking with the child. The guardian's report is often persuasive.
Scott R. Jay, Esq.
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