My 15year old daughter is here on visitation. She has told me she does not wish to continue to live with her father and wishes to move with me. Her 16 year old brother is also here but he wishes to stay with his dad. What are my options?
4 Answers from Attorneys
You probably have no options. A child's desire to move is not a sufficient ground under most states' laws to allow a change of primary timeshare ("custody"). Discuss it with the father and see if he will agree to the change.
If there is no agreement with the other parent your only option is to return to court. In Florida a childs desire is basically irrelevant, the court focuses on whether there has been a substantial and material change of circumstances.
You cannot withhold the child. You have to petition the court to change custody
In order to change custody you have to file a Petition with the court.