QUESTION
My grandson who turns 14 in Jan does not want to live with his mother anymore.
Asked on Sep 15th, 2020 on Child Custody - Florida
More details to this question:
My son and the mother were never married but paternity was established and he pays child support. They have a schedule where he has 6 days she has 8days and she always uses for taxes. My grandson has told me that she is emotionally abusive to him almost daily. Can he live with his dad full time. My younger grandson also at times says he wants to live with his dad too. The mother has a depressive history. The older grandson is so mature he states plans to join the Marines after school then become a policeman. So I feel his wanting to be with his dad is a logical choice. Can he file as a minor to live with his dad?
1 ANSWER
Dear Ms. DeGrandchamp:
A child cannot file a petition to reside with the other parent. However, your son, as the father, can file a supplemental petition to modify the original timesharing agreement. In evaluating a petition for a change in timesharing, the court looks to a number of factors that are set forth in Florida Statute 61.13(3). One of the factors is the preference of the child if the child is of sufficient maturity to voice his/her opinion.
If your son does file such a petition, he might also want the court to appoint a guardian ad litem, which is an independent individual who is able to research the situation, talk to all potential witnesses, and render a report to the Court as to the guardian's opinion as to whether the petitionshould be granted.
It is admirable that you are looking out for your grandchild's best interest, but now dad has to step up to the plate.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Answered on Sep 16th, 2020 at 5:44 AM