QUESTION

Can my son who is 15 choose to live his father? Father and I have 50/50 share custody.

Asked on Aug 31st, 2018 on Family Law - Florida
More details to this question:
Father is very flexible and inconsistent with rules for my son. He is not in the same page with me when it comes to discipline. My son now, who is 15 prefers to live with his father. Can court rule for son's wishes. I want to keep the 50/50 time sharing schedule and spend quality time with my son.
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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  Your situation is unfortunately not unusual with parents dividing time with their children.  You have a two-part question. First, your court order controls all questions of custody and timesharing runless and until a court rules otherwise. As your son is 15, it is likely the court may appoint a guardian ad litem to interview all concerned and make a recommendation to the court as to where the child should primarily reside - with father or mother. A 15 year-old's wishes may carry great weight for the court if the judge determines that the wishes are in the best interest of the child. At 15, his age presumes a sufficient maturity to give a knowledgeable opinion on preference. Now, as both of you have different parenting styles and disciplinary approaches which seem to be at the heart of your issues, before anyone returns to court I would recommend both parents seek the assistance of a Qualified Parenting Coordinator to assist you both. (Florida law provides specifice training requirements to become a Qualified Parenting Coordinator.)  If the situation merits a more intensive assistant, you both may wish to seek family counseling to reconcile your competing philosophies on parenting styles.  This may even avoid the need to return to court.  Good luck to you both and the child.  
Answered on Aug 31st, 2018 at 9:09 AM

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