Dad seeking custody of 12 year old son..

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Latest post 01-13-2009 8:21 PM by kat12. 10 replies.
  • 01-11-2009 12:13 AM

    Question [=?] Dad seeking custody of 12 year old son..

    I have a 12 year old son who lives in Florida with his mom who I was never married to and he has decided that he wants to come live with me in Georgia. I have always paid child support and taken care of my son but his mom does not want him to move with me. I was wondering if I took her to court to get custody would I have a chance. She is not married and I am so I hope this works in my favor.
  • 01-11-2009 1:52 PM In reply to

    re: Dad seeking custody of 12 year old son..

    Courts don't usually take children away from the parent and home they've had for 12 years on a child's whim, though there a FEW states that give a child a legal say at a certain age.

    "She is not married and I am so I hope this works in my favor"

    Umm, were you married when you got her pregnant? One cannot conceive a child, then marry someone else and attempt to take her child from her. So, no, you have no more rights to the child by being married than a single father/mother would. Though it's common for a father to think being married might give him more rights...it doesn't. Courts no longer discriminate between married and single in this world of singles PROCREATING..of which you were apparently one.

    Unless the child lives in one of the few states that allow him to choose at a certain age, it's extremely unlikely his mother would lose custody on the basis that you are married now and the child wants to go with you.

    PS. It is also common for a child to want to live with the other parent, where it is more of a vacation than the bored, sameness of his home. Kids usually get away with more while visiting the parent that doesn't see him often.

  • 01-11-2009 2:42 PM In reply to

    re: Dad seeking custody of 12 year old son..

    Children have NO say in which parent they want to live with.

    You would have realistically very little to no chance of a change in custody.

    1) You would have to show a huge change in circumstance.

    2) You would have to prove it is in the child's best interest for the change of custody.

    The courts will not entertain because a 12 year old wants it.

    Being married gives you no preferential treatment to custody at all.

    Unless there is much more to this, you would potentially waste alot of time and money fighting for this and nothing will change.
  • 01-12-2009 6:57 AM In reply to

    Disagree [)*(] re: Dad seeking custody of 12 year old son..

    Children do have a say and judges usually will speak to them; however, what they want is only one of many issues for a judge to consider when determining custody. The immediate follow up question a judge will ask is why that child wishes
    to live with the other parent.
  • 01-12-2009 7:26 AM In reply to

    Disagree [)*(] re: Dad seeking custody of 12 year old son..

    FL courts do not want a child involved in a custody hearing. If Dad wants to file, he needs to have alot more then because his child said he now wants to live with him. FL courts won't change custody due to this and typically do not even want the child involved at all. This is not basis for a custody change in FL.
  • 01-12-2009 9:14 AM In reply to

    re: Dad seeking custody of 12 year old son..

    In what state was custody/visitation filed in? Florida, or Georgia?
  • 01-12-2009 12:25 PM In reply to

    re: Dad seeking custody of 12 year old son..

    An important question is "Why now?" Why not ask for custody in the last 12 years?

    Mom has struggled as a single parent for 12 years..and now you want custody? A court will want to know where you were in the meantime.

    Perhaps it wasn't convenient for you then, but remember, it has never been convenient for a single mom.
  • 01-12-2009 3:53 PM In reply to

    Feedback [*=*] The BIG picture . . .

    You can't assume the poster included all relevant information. If the custody order is more than a few years old, most states would allow it to be revisited.

    Not sure you should be arguing with attorneys. Even paralegals and such really don't know a ton about what really goes on in court.
  • 01-12-2009 4:14 PM In reply to

    I don't assume

    I only reply to the information presented. One woud hope that is not the only reason he feels a change in custody could be granted.

    Based on the information presented, the FL courts (if that is where custody was even originated) would require a change of circumstance and he would have to show it is in the child's best interest. Children 12 years old typically are not welcome in the court room.

    Perhaps you shouldn't advise others not to assume when you have done so yourself.

  • 01-13-2009 4:19 PM In reply to

    Disagree [)*(] re: I don't assume

    "I only reply to the information presented."

    That's not how attorneys do it. All my clients tell me they didn't do it. If that's the case, they got nothing to worry about.

    "Perhaps you shouldn't advise others not to assume when you have done so yourself. "

    I'm a lawyer. I know what I'm doing and how the system works.

  • 01-13-2009 8:21 PM In reply to

    re: I don't assume

    For issues on this board, you can only go based on what is presented. This isn't a consultation and the poster isn't a client.

    Regarding "I'm a lawyer. I know what I'm doing and how the system works"...All do respect, you are a public defender in Idaho, how much experience do you have with FL family law ?

    Please do not respond. Every other poster on this board posts regularly that the child is not in control of which parent they reside with and that determination resides with the court. My only point was he would need substantially more than his child wanting to live with him to facilitate a change in custody.



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