change in child custody

[tharing1300]

Divorce was in florida, I live in TN. My daughter, who is 12, wants to live with me full time. Her stepfather has a very long history with drug abuse and has tested positive for cocaine in the last 16 months after he literally blew up their house. He has also tried to commit suicide three times within the last 7 years per her mother's own admission. Can she decide for herself where she wants to live? Since I live out of state could I get the free consultation over the phone?

[Attorney Cheri Hobbs]

We do offer free 1/2 hour phone consultations for out of state/country inquiries.

Typically the court will not want to allow a 12 year old to testify (most courts will consider a 14 year old's testimony). If you want to change the majority residence you can file a Supplemental Petition to Modify Time Sharing and child support. This supplemental petition was be personally served on your ex. The information listed about the child's step father may be relevant in showing there has been a substantial change in circumstance. The key is always the "best interest of the child."

Attorney Cheri Hobbs