My husband and I have been separated since October 2018 when I left Florida and moved to Wisconsin. At that time, I thought it best for my son to finish that year of high school and would get him that summer. Our son is 16 and is now ready to join me. My husband is telling me he will fight me on this. I have a job and a place for our son. He has no job and his mother pays the expenses. Does he have legal ground to fight me?
2 Answers from Attorneys
The issue is the child's best interests. The Florida court must make that determination after a trial.
Hello. Yes, he has a right to fight you, just as you have right to fight him on this issue. The court would have a hearing and decide what would be in the child's best interests. You have to file a Supplemental Petition to Modify the Final Judgment. He has to be served with a copy.
Florida Statutes, chap 61.13 has the factors the court will consider. Due to your child's age, his opinion must be considered by the court.
If my office can be of assistance in No. Fla., give us a call. If you need some assistance finding an atty elsewhere in Fla., I may have some contacts for you.