Legal Question in Family Law in Florida

My ex husband and I are back in a custody battle of our 15 year old daughter. I am trying to take my daughter to go live with me in the dominican republic where my husband and I have a business already established. we already went to court last year and my request was denied one of the reasons was because the magistrate who found her to be very mature spoke to my daughter and at that time she didnt want to choose who she wanted to live with. since last year my daughter has been staying with her father whenever I need to travel. from the end of last year she has comunicated to her father and to me that she wants to go live with me because she does not want to live with her father who recently got married and also leaves with 2 stepchildren. her sister is also going away for college so she prefers to go live with me. I can provide medical insurance and same level of education as in the states

however my ex husband is not agreeing because my present husband 16 years ago prior to our marriage was convicted and was registered as a sexual predator my daughters lived with him for 3 years and my husband loves and respects my daughters one is 20 and the other one is 15 they love him and can testify of how safe

they feel around him.

I requested to the court that my daughter would be at least allowed to go on vacation with me this summer to the dominican republic this summer and we would like for the judge to listen to her she would like to explain why she wants to go live with me

what do you recommend ? am I going on the right directions? if she is denied to go live with me she is thinking of emamcipation at 16

is there any posibilities for her to be allowed to go?


Asked on 5/01/14, 10:45 am

3 Answers from Attorneys
John Smitten Carey and Leisure

Emancipation is never granted so don't even try. You have to get an order from the court to allow you to move out of the country with the child so pursue that as best you can. You should retain a lawyer.

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Answered on 5/01/14, 11:00 am
Lucreita Becude Lucreita D. Becude, P.A.

Your situation is rather unique. 1. Your daughter could testify. You can file a Petition for Child testimony and have the judge hear her out. 2. Leaving her as a babysitter for small children is a challenge for a 15 year old. Not the best situation. 3. As to your current husband registering as a sex offender - it really is going to be somewhat of a tricky situation - this is something you really need to speak with an attorney about insofar as to what happened that labeled him as such and whether that would affect the outcome of your case. and 4th and more importantly, if it is in the best interest for her to be living with you. There are many factors to consider - look under the heading of parental responsibility and shared parenting. Yes, sounds like common sense but not really in a structure for the court to review. As to emancipation - not really a good choice. Emancipation requires her to be able to support herself - living on her own. This would not be a good option.

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Answered on 5/01/14, 11:43 am
Robert McCall Law Office of Robert McCall

1. Never go before a Magistrate, OBJECT!

2. Standard for review is the best interest of the minor child. Why is this move in the child's best interest? Your having a business there is not relevant. This ios an extremely difficult matter as you want to leave the US. Most judges are EXTREMELY reluctant to ever allow a child to relocate outside the US.

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Answered on 5/01/14, 1:50 pm


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