Legal Question in Family Law in Florida

Re: Shared Parenting

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

At the age of 11, children do not have the ability to determine their living quarters when it conflicts with rights agreed upon by parents in a divorce. If the Courts allowed a child to decide, they would constantly play one parent against another and neither party could effectively discipline or teach a child right from wrong.

If you seriously want to pursue having the child returned at this time, you will have to file a motion with the court and ask a judge to order the return of the child. Otherwise, from the limited information you have provided, it simply seems as if the father is exercising his rights of visitation as the non-custodial parent which you agreed upon.

As in any legal matter, I strongly suggest that you consult a family attorney so that you can review all of the specifics of your particular situation.

Scott R. Jay, Esq., 305-249-8000