SPARC Forums

1999 Court order giving custody to mother to allow for relocation to Florida from Canada

Last Court order signed in Canada in 2002 (Judgement of Divorce)

SD has vistation with dad

SD did relcated to Fla. in 2000 at age 11

Now wishes to live with dad and has advised her BM accordingly

NOW 15 year old SD has advised for the last year she wats to liv with dad

She is refusing to return to Florida

Questions
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1. how do we respect her wishes and not end up bankrupt or in jail
2. if we respect her wishes what should we now do to ensure hubby is not prosecuted

we are terrified
we have arraged couselling for SD to ensure she has a neutral party to discuss her decsion with...although we do try to be neutral we know we are biased.

>1. how do we respect her wishes and not end up bankrupt or in
>jail

I don't know FL law with regard to the weight given a child's desire to live with a particular parent. In some jurisdictions, however (e.g. GA) a 15 year child's decision is completely determinative and it will be granted by the court automatically.

You will have to check FL law yourself, as I don't presently have time. Perhaps some other poster can find the law on this particular question and post it for me to interpret.

>2. if we respect her wishes what should we now do to ensure
>hubby is not prosecuted.

You cannot simply retain custody of the child. You must file a motion in FL for a new custody hearing on grounds that the child wishes to live with you. Having the child evaluated by a psychologist or other objective mental health professional will definitely help you make your case.

We have a similar case but not in FL.  

SS (15) is refusing to go back to custodial mom.

A family counselor was appointed last year and the child has been visiting him every time he is our state (mom lives out of state).  He supports a change in custody.

We made 2 filings yesterday, 1) change in custody and 2) request for emergency hearing because the boy is supposed to go back within 2 weeks.

DH is preparing the OSS to go back and wait on the court to act because he will not violate the visitation order.  Hopefully, the court will act  sooner rather than later.

Best of Luck.

LizaLou

it's loooooonggggggg! There's 2 parts. The first part is the general provisions which basically states by what criteria they determine custody and support and there's the second part which is about the Uniform Child Custody Judristiction and Enforcement Act. Do you want me to post the whole thing, or sections? If so which sections?
:D
SM