Legal Question in Family Law in Florida

summer visitation?

hi, the mom lives in fl and the dad

lives in ny, we have joint custody of

our son and every year for he past 5

years he spends the whole summer

up in ny, well he is 14 now and he

really does not want to go! legally do

i have to make him go up to ny?

also, are the laws the same in the 2

states or do they differ on this issue


Asked on 5/22/07, 7:29 am

2 Answers from Attorneys

Robert Roemer Robert Roemer

Re: summer visitation?

The first question that I had was this

in a written agreement or was this just this what you verbally agreed to do regarding your former husband's visitation? The next question that I would need to know the answer to answer your question is where the final judgment dissolving your does it marriage rendered? New York or Florida

because of the complexity of these issues I would advise you to send me an e-mail with your phone number and the best time to reach you at that number

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Answered on 5/25/07, 3:29 pm

Re: summer visitation?

The laws where the court of original jurisdiction was apply. If you got divorced in Florida, that's what applies until or unless jurisdiction is moved.

The child's preference alone is not enough to modify custody. You also need a substantial change in circumstances plus the examination of other factors concerning the best interest of the child. If the father moved to NY after the custody agreement took effect, that might be enough to constitute substantial change (might be).

Until there is modification of custody, the child has to go the NY in the summer (if that's what the agreement calls for).

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Answered on 5/23/07, 3:32 pm


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