Custody changes

[CWLNORL]

My x wife has primary custody of my 17 year old daughter. My daughter has requested to come live with me due to ongoing issues with her mother. can this be done without the court's involvement and at what age can a child decide which parent to live with in Florida?

[The Divorce Center]

If the Mother does not object to the modification, then a Joint Stipulation for Modification can be signed by both parties. Depending on where the divorce decree originated from, you may be able to do this whole process without appearing in court. However, if the Mother does not agree, then you will have to file a Supplemental Petition for Modification to reopen the case. This must be done through the court. Due to your daughter's age, you may want to do a cost/benefit analysis.

Your daughter's opinion will most likely be allowed to be heard by the judge and her opinion will carry greater weight then say that of a 13-year-old.

Attorney Brian Arrighi
The Divorce Center - Tampa



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[Attorney Jolitz]

For a child to enter a court and testify in front of a judge in Family law cases, most likely a motion to allow child testimony is filed and a judge usually will decide if the child can testify. Courts generally do no like the children to get involved in family law cases. A guardian ad litem can also be appointed, however, that is not always granted nor is it always a free service.

Unless she just moves in with you and her mother allows it, there is no way to change the final judgment of a divorce without court actions. If you and your ex agree you can both sign a stipulation addressing the change, and send the stipulation and an order to the judge for his signature. If the mother does not agree, then you will have to file a Supplemental Petition for modification of the Final Judgment and have your ex served. It can be a long process and your daughter may be 18 before it gets to trial.

Allison Belcher, Esq.
7623 Little Road, Ste 200B
New Port Richey, FL 34654
727-844-7676


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