Legal Question in Family Law in Florida
I currently have shared custody with my ex husband since 2008. over the past years he has been through multiple jobs and places to live and at times has had a difficult time supporting our daughter. I feel that my home is more stable for her well being but he won't agree to change the shared custody order that is currently in place. If I were to file a petition with the courts to have the shared custody modified to sole custody what do the course determine their decisions on? is showing that he has not held a job or place to live very long good enough? We made this decision to have shared custody because it would be best for our daughter to have both parents in her life which i still believe however according to my expectations the support is not as good as mine.
What are the requirements in order to have custody or time sharing schedule changed according to the courts in Pinellas County.
Do judges favor 50/50 custody in pinellas county?
Do kids have the ability to make their own decisions as to what parent they want to live with in pinellas county?
1 Answer from Attorneys
The courts use the "best interest of the child" as to a standard. 50/50 is good except in your situation there is not permanence being offered by the other party. I suggest you file a modification of visitation and complete a parenting plan where the child is with you and he has one night a week and every other weekend. Moving a child from house to house is confusing to the child because they don't understand why their things are constantly being moved. Most children like have a structure until they become teens and of course wish to rebel.
Children can make their wishes known in court. If your child is involved in sports and/or has planned activities with other children and/or events, then the issue is makeup time with the other parent. This can be extended summer vaca or Christmas and/or Spring Break.
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