Child Custody

[RizoM]

What is the name of your state? Florida

I have 2 children ages 12 and 13. They currently live with their mother and I only have visitation every other weekend. Both of my kids want to live with me and my wife, but they are afraid of their mother. We were told that a child can not decide where he or she wants to live. How true is this? Their mother mentally and physically abuses them. She and her new husband fight daily. My daughter spoke to her school counsler and told him about the fights and about the way she constantly hits them. The school counsler sent the Dept. of Children and Welfare to their house, but they said that if she didn't bruise them it was not consider child abouse! I don't want my kids to be living in this type of enviroment. What can I do? She (my ex) is constantly talking bad about me to her friends and to my own kids. She tells them that they have to love her more. She lies to them about me and my wife. Isn't this consider abuse too? Please help I don't know how much more I can take. My children should live in a happy home and I know my wife and I can give them that.

Thank you for your help.

ArielWhat is the name of your state?

 

[seniorjudge]

What is the name of your state? Florida

I have 2 children ages 12 and 13. They currently live with their mother and I only have visitation every other weekend. Both of my kids want to live with me and my wife, but they are afraid of their mother. We were told that a child can not decide where he or she wants to live. How true is this? Their mother mentally and physically abuses them. She and her new husband fight daily. My daughter spoke to her school counsler and told him about the fights and about the way she constantly hits them. The school counsler sent the Dept. of Children and Welfare to their house, but they said that if she didn't bruise them it was not consider child abouse! I don't want my kids to be living in this type of enviroment. What can I do? She (my ex) is constantly talking bad about me to her friends and to my own kids. She tells them that they have to love her more. She lies to them about me and my wife. Isn't this consider abuse too? Please help I don't know how much more I can take. My children should live in a happy home and I know my wife and I can give them that.

Thank you for your help.

ArielWhat is the name of your state?

Your kids are old enough to each testify in chambers with only the judge and the lawyers and court reporter present.

 

[RizoM]

My state is Florida

 

[snostar]

If you file for modification I would suggest hiring an attorney, requesting a GAL and possibly a forensic evaluator.

 

[RizoM]

I was told by an attorney that my children can not go in front of a Judge. That they don't really have a say so as to which parent they want to live with. That it takes a lot of factors in order for them to be able to give me custody.

 

[weenor]

I was told by an attorney that my children can not go in front of a Judge. That they don't really have a say so as to which parent they want to live with. That it takes a lot of factors in order for them to be able to give me custody.

At their ages, your children are certainly old enough to talke with the judge and very often the judge will "consider" their reasons for wanting to live with you...this can be done in chambers in the presence of the attorneys the children and the judge without you or the ex present. Whether the judge will want to talk with in chambers or in court will be up to the judge.

Yes it does depend on a lot of factors...judge's don't like to change physical placement unless there is a serious problem with their current living situation. Whether you get custody will depend on the admissible evidence you have against ex to justify the change. You need to hire, not just talk to an attorney.