Full question:
my 17 year old son wants to live with Dad (non-Custodial)what can he do while all Dads lawyers just sit?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Florida
Answer:
In order to change custody in Florida, it is necessary to show that there has been a substantial change in the circumstances that existed at the time of the original custody determination and that the child will suffer a detriment if custody is not changed. The law discourages attempts to alter custodial arrangements once they are set by agreement or court order. Therefore, the law requires the party seeking to change custody to meet an "extraordinary" burden of proof. The courts will not consider facts that existed prior to the original custody determination unless there was some concealment of those facts. Changes in custody are possible and should be considered when there has been a material change in circumstance and it clearly can be shown that the child's well being is, or will be, adversely affected. However, changes such as remarriage, changes in lifestyle, and loss of a job, standing alone, generally will not justify a change.
Unfortunately, we are not aware of any Florida procedures which would allow a 17 year old minor to initiate a custody change. The non-custodial parent must petition the court. It is possible to present that petition without an attorney. Please see the link below to locate your local self help center.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
