Dad wants custody in Florida

[seanoway]

What is the name of your state?FL.
I am a single father of 2 children who are 11 & 4 years old. I am divorced in florida and my ex-wife (who has just gotten married this weekend) and I have "shared custody" but she has the children more. I want my kids more and want to go to court to do this if I have to. My oldest child wants to live with me and visit his mother. I need to know is their a florida statute that references an age that allows my child to choose which parent he wants to live with and what age is that?

In Miami, FL.

 

[stealth2]

Children do not choose. It's really as simple as that. Depending on the child's maturity, a judge may or may not agree to listen to his wishes and include them when rendering a decision. 12 is a good ballpark, but there are 10yo's a judge will listen to and 16yo s/he won't.

You're going to need more than "my 11yo wants to live with me" to change custody.

 

[gatorguy3]

Maturity of the child does play a larger role than age. Discretion is also up to the judge or magistrate in charge. I have a friend whose parents divorced years ago, when she was 4, and the judge questioned her privately in chambers. I do not know if that was a deciding factor or not, but it was what it was.

 

[ncdinfl]

Re: Dad in FL

I am in FL as well and currently going through a Child Custody Modification. I can just inform you of one thing... you have a long road ahead of you if you are going to go through a modification unless you can talk to your Ex and settle this with a mediator.

"I need to know is their a florida statute that references an age that allows my child to choose which parent he wants to live with and what age is that?"
--- There is no Florida Statute that allows a child to choose whom they want to live with. As the other posters have stated, it all depends on the child's maturity that a judge will listen to them and just take it into consideration (doesn't mean their opinions are set in stone).

My Ex and I have a 11yo & 8yo. I am currently re-married as well and he is going to be married in the next couple of weeks. 3rd marriage after our divorce 6 years ago. Where am I going with this? Absolutely nowhere because the truth is unless you can prove the current spouse has been charged with abuse, etc....it doesn't matter if she was re-married. That will not change anything in the custody agreement.

Substantial Change in Circumstance is what you need to prove to modify anything on your current court order. Could you get more parenting time? Sure you can... talk to your Ex first before trying to drag it out in court. When you are trying to modify... ALL of the burden of proof is on you. It's a very tough road.

My custody modification is due to the fact that we have rotating custody and our oldest (11yo) will be starting Jr. High next year and we cannot do the rotating custody because we live in two different school districts. The 11yo has gone back and forth on whom she wants to live with... she bounces back and forth with whomever she is not mad at.. know what I mean?

I am not a psychologist but maybe your 11yo is adjusting to the new marriage in your Ex's life etc.... Try talking to your Ex first, maybe because of the new hubby she will want to spend more time with him and allow you more parenting time. Good Luck!

 

[stealth2]

Something else I forgot - judges are usually loathe to split siblings up unless there is a compelling reason to do so.

 

[spacecop36]

I feel your pain. BELIEVE me I feel your pain! I am going throuhg similar circumstances. I get along fairly well with my ex-wife, have very liberal visitation, I just can't stand the people she associates with. She got fired from a job a few years ago, got into some legal trouble, her husband, who is good to the kids, smokes pot sometimes, supposedly not at home or around kids, gets in trouble with the law for minor things,etc..(possession of small amount of pot, drunk in public..stupid crap like that.) They have my ex's sister living with them meaning with my ex's total 4 kids and her sisters 2, there are 6 kids and several adults in the house. House always a bit messy, especially kids rooms. And here I sit, a stable, clean, security police officer with the same job for 15 years a nice clean house, kids have there own rooms, etc. I have been told several times that I have a fairly weak case cause the kids are doing well in school and are happy for the most part. This is what attorneys tell me. It still doesn't change my feeling that they are in a bad enviroment. I feel helpless like you. It's a real shame that a custodial parent has to be literally beating the hell out of the kids to lose them. Just not right!

 

[FLFamof5]

spacecop36

I know this has no relivence to the post... I live on the spacecoast as well...hiya neighbor.

 

[spacecop36]

hiya neighbor!.. do you have a instant messenger service?

 

[FLFamof5]

RE: IM service

I have yahoo