Legal Question in Family Law in Florida
Transfer of primary custody - custodial parent)
How do I go about tranferring custody from my sons mom to me if I live in Florida and my son and his mother live in Hawaii. Both parties are in agreement for this tranfer to take place. I will have to have child support payments stop when tranfer is done. I also want to waive any child support from mother to me.
1 Answer from Attorneys
Re: Transfer of primary custody - custodial parent)
You would need to file a Supplemental Petition for Modification of Custody in the State where either custody was established by the Court or where the child has resided during the previous 1 year period. If this state is not the state wehre custody was established, you will need to register your Divorce decree there. You and the child's mother could then enter into a Settlement Agreement and present it to the Court for approval. Judges generally will not sign off on an agreement waiving child support.