Legal Question in Family Law in Florida

Legal custody (liability)

I have a 16.5 yr. old daughter who has become increasing incorrigable. Recently running away from home for a week, sneaking out windows at night, drinking, drugs and stealing from her family members. My ex husband and I have shared 50/50 custody but in recent months she has decided to stay soley at her fathers house because she does not want to live by my rules in my house. She has full run at her fathers house and has no consequences for her actions. My question is, can I assign full permanent custody of her to her father since she chooses to live with him full time. If so, will this relieve me of liablity in the event she gets in severe trouble which results in civil or criminal action against her? if so, what do i do to do this.


Asked on 7/20/08, 9:55 pm

2 Answers from Attorneys

Re: Legal custody (liability)

I agree with my collegue's assessment. I would add that if she gets into criminal trouble, she will be held responsible not you but if she damages property you might be subject to civil damages.

This is a situation where I wish the Children In Need of Services (CINS) petition was used more often. She is obviously out-of-control and needs close supervision and counseling to address the issues and not try to distance yourself from the problem. She needs a MOM and a DAD.

Read more
Answered on 7/22/08, 9:25 am
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Legal custody (liability)

If you do this you will become responsible for child support payments. If she does something on his watch, he should be the only one responsible, though you may have to go through te trouble and turmoil of proving that. If you disagree with his parenting and she is getting in more trouble when at her father's house, you could petition for full custody yourself then he would have to pay you child support if you prevail. You should see a local attorney to discuss this, there are many options. Voluntarily ending all responsibility for your child is not one of them.

Read more
Answered on 7/21/08, 3:59 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida