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Can my kids decide?

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junebug73

Junior Member
What is the name of your state (only U.S. law)? Florida

I have a hearing in two weeks for the motion I filed to stop child support.

My kids want to live with me full time and there has never been a child custody order. Does anyone know if I need to file for custody or if the court will allow my 13 & 15 year old to make their own decision? Also, should my kids attend the scheduled hearing? Thanks in advance.
 


TheGeekess

Keeper of the Kraken
No, your children cannot decide. Would you let them decide rather or not to go to school? :eek:
You will need to file for Paternity/Custody, especially if paternity has never been established.

No, do not take them to court. Have you lost your mind?

Oh, didn't you have a post earlier about Mom and children going to Canada? Please do not delete posts. It tends to make us less likely to help you out.
 

wileybunch

Senior Member
Your previous thread disappeared after I made a response, but got sidetracked before posting so here it is:

I was told my first step was to file a motion to stop child support and it would be at that hearing the ball would get rolling. I now have a hearing in two weeks and I'm scared to death. I'm hearing two completely different things. I've been told that this hearing will cover child support only and that my kids cannot be there. I've been told that this hearing will address everything because there is no current custody order and my kids should be there.
The kids should not be in court in EITHER case. The judge will let you know if/when he wants the kids there.

Starting a case to stop child support in order to gain custody of your kids makes no sense. You will not get anywhere on that motion. Is the matter being heard in family court in general or a specific child support court?

You need to file a motion to establish custody and visitation because that's in fact what you're trying to do.

P.S. Children do not get to decide where they live or with whom. But, you may be successful in having them interviewed by a GAL, a mediator, or the judge as part of a motion on the topic of custody/visitation.

Why on earth are you filing to stop child support??
 

junebug73

Junior Member
Geekess: No, I'm not out of my mind and am obviously here for help because I don't understand the legal system, am being told different things and can't afford an attorney. I've been told my kids are old enough to tell the judge which parent they want to live with. I was only trying to find out if it was a fact. I'm trying to do the right thing for my kids and quite frankly the only helpful thing in your post was:

You will need to file for Paternity/Custody, especially if paternity has never been established.

The rest was simply mean and uncalled for.

Yes I had a very long post earlier and deleted it because I was told it was way too long. I realized I was pouring out instead of getting to the point. I felt it was best to delete the post all together.
 

junebug73

Junior Member
wileybunch thank you for your post and that's what I was afraid of. I was at the court house for half a day trying to find out what motions I needed to file to get custody of my kids. I was told since there was no custody order in place that I needed to file a motion to stop child support.

A representative from FL child support is who told me that their mom and I had equal rights if there was no custody order signed by a judge.

At the court house the clerk sent me to talk with an attorney upstairs so I would know what forms to file. The lady literally gave me about 3-4 minutes of her time and wrote down the number of the motion I needed to file. It was a blank motion to request child support be stopped and I attached a copy of the incident in Canada from the officer as well as asking for custody of my kids.

Everyone told me I had to deal with child support first. I thought it sounded strange but I did what I was told to do. Basically, I believed their mom and I had equal rights, the kids could live with either one of us and I just needed to stop child support because they want to live with me. I don't want my kids to have to go through a huge custody battle.

The hearing notice I got in the mail is a notice of hearing to stop child support before a hearing officer at the court house. It was signed by the Attorney General of Child Support Enforcement.

I am glad to hear the judge will let me know when and if my kids should be there. I was really confused about that part. My kids do want to be heard. Is that a request I can make?

It sounds like this upcoming hearing is going to be a waste of time. I feel like I've failed my kids by filing the wrong motion. We waited 4 months for this hearing and it looks like we'll have to start all over from the beginning.

Thank you for your help, I appreciate it more than you know
 
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wileybunch

Senior Member
I cannot tell you what the norm is in your area, whether it's to have a mediation center interview the children or to have a GAL appointed. You should be able to find that out by making some calls or doing a consultation with a local family law attorney if a Florida senior doesn't drop by this thread.
 

LdiJ

Senior Member
I honestly think that you got very bad advice. The first step in getting custody of your children is to actually file for custody. I don't know where anybody came up with the idea that filing to stop child support would in any way give you primary custody.
 

junebug73

Junior Member
I've recently learned the motion I need to file is "Parental Responsibility" requesting custody since there is no current custody order. Evidently it is $300 just to file this motion with the court.

I'm trying to find out if this upcoming hearing to stop child support can be cancelled or amended. Anyone know?

I was on hold for over 40 minutes yesterday with the legal aide office and still haven't been able to speak with anyone. I'll have to try again on Monday.
 

Gracie3787

Senior Member
I've recently learned the motion I need to file is "Parental Responsibility" requesting custody since there is no current custody order. Evidently it is $300 just to file this motion with the court.

I'm trying to find out if this upcoming hearing to stop child support can be cancelled or amended. Anyone know?

I was on hold for over 40 minutes yesterday with the legal aide office and still haven't been able to speak with anyone. I'll have to try again on Monday.
You can file to voluntarily dismiss your petition. You can find the forms at www.flcourts.org

You'll need form # 12.927
 
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onebreath

Member
I may be being naive here, but going further with the legal status that child support should be kept separate from child custody/visitation....I would wait and see if,how, when the children....or their parents really, plan and intend to come live with you....that is the bigger question. Is the other parent in agreement? If so, no problem, have them move, THEN go to file for child support, modification of, whatever. Child support is based on income of parents and the visitation plan. So there is no point in trying to change that unless visitation actually changes first.

So according to above advice....if children are legally allowed to move to you...after that happens, file for support. The childrens' needs come first...make sure they are met first.
 

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