Legal Question in Family Law in Florida

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?

Asked on 7/06/13, 6:05 pm

4 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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.

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Answered on 7/07/13, 7:38 am

Robert McCall Law Office of Robert McCall

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.

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Answered on 7/07/13, 7:44 am
John Smitten Carey and Leisure

You cannot withhold the child. You have to petition the court to change custody

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Answered on 7/07/13, 12:41 pm
Carolyn Jones Law Office of Carolyn R. Jones

In order to change custody you have to file a Petition with the court.

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Answered on 7/08/13, 8:32 am

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