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bryce's_mom

Junior Member
What is the name of your state? Florida

I'm a newbie...so bare with me. I have been stalking the pages for a while and thought I would finally post a question.

Brief History - Mom and Dad Divorced, one son. I (mom) have primary custody, dad secondary custody with visitation and child support. Dad was absentee from the time child was 1 until 5. Called said, I want to see son, he's 5 he can come stay with me now. No problem...I said, lets start a week on week off until son gets to know you again in dad's town.. BTW, original order states EOW in my county only (dad was a flight risk, judge ordered it that way).

Dad moved right away after temporary order was put into place. (son is now turning 11)

Dad is MIA all during the school year until May...literally no calls, never returns a call, no calls during the holidays nothing. I went so far as to call his parents to make sure he wasn't dead one year. I can't force dad to talk, wish I could. I've always said he is a bad part time dad, but a good dad when our son is with him. Not our son's fault we didn't work out.

Okay...my question....dad sees our son this summer, calls me the evening I get our son back and says, sorry I couldn't really talk to you during the exchange, but I want you to let our son move in with me. Said that he doesn't see him enough and that he needs me to agree to move our son to dads so we don't have to have a long and drawn out process. Course I about fell over. I kindly...(okay gritting my teeth) tell him that he can move forward on any process he would like, but that I would not agree to changing custody. I told him, I welcome him to move back to our town, get him during the week and on the weekends, that even though the order only allowed in our county, I have more than complied with all his requests for visitations.

Son told me on the way home from dads about this as well. Course I told him not to worry about it, (he doesn't want to move) but that dad said he could choose and he doesn't want to. I hate the fact that he put our son in that predicament, but I told him that if his dad said anything else to him, that he needed to speak to me about it. Does he have a choice or some sort of say?

What are dad's chances at custody since he is MIA all year until summer? I would love to have 50/50 custody, not a problem....so if he does propose a change I will counter with that...but that truly only works if you live in the same county. Ugggg...maybe this was just a vent.
 
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Silverplum

Senior Member
Then, he'd have a hard time getting transportation to pick up the child. So, its still no.
So true. :)

Poster, there is one caveat: Courts usually grant joint LEGAL custody to an interested (petitioning) parent, even if that parent has been MIA. There's a difference between joint physical and joint legal.

Regardless, your main fear should be put to rest. Mo is totally correct. :)
 

bryce's_mom

Junior Member
Thank you! Very good to know. I can breath a little better again. Hopefully my headaches will go away now.

On another note....you gals/guys are very direct and pointed....I like that....leaving all the BS aside!
 

Ohiogal

Queen Bee
You're welcome. :)

That's cuz we're not charging by the hour! :p :D ;)
I DO charge by the hour and I am still blunt and pointed and cut through the BS. Damn. maybe that is why i don't make enough. That and my free consults. I KNEW I was doing something wrong!:eek:
 

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