No court order in regards to custody or residence

[BlissfulMommy]

What is the name of your state? Florida and Ohio

If there is paternity established and a court order in regards to child support only in effect, but NO court order in regards to custody or residency of the child, can a 13 year old decide which parent he wants to live with? Thanks for your input !

 

[Silverplum]

What is the name of your state? Florida and Ohio

If there is paternity established and a court order in regards to child support only in effect, but NO court order in regards to custody or residency of the child, can a 13 year old decide which parent he wants to live with? Thanks for your input !

Absolutely NO.

 

[Shay-Pari'e]

What is the name of your state? Florida and Ohio

If there is paternity established and a court order in regards to child support only in effect, but NO court order in regards to custody or residency of the child, can a 13 year old decide which parent he wants to live with? Thanks for your input ![

If there are no orders for where the child lives, then who does the child live with?

Silver is correct, I'm just curious about this mess.

 

[Just Blue]

What is the name of your state? Florida and Ohio

If there is paternity established and a court order in regards to child support only in effect, but NO court order in regards to custody or residency of the child, can a 13 year old decide which parent he wants to live with? Thanks for your input !

Oh! Come on Bliss! You have been around long enough to know the answer to this question!! It's posted at least once a day....

 

[BlissfulMommy]

Oh! Come on Bliss! You have been around long enough to know the answer to this question!! It's posted at least once a day....

baystategirl, I know what you are saying. Usually there are court orders in regards to custody and residency in place when someone asks a question like this one. In this case, only child support is court ordered. Nothing in regards to custody or residency is court ordered.

Shay, the child has been living with his Mom.

 

[LdiJ]

What is the name of your state? Florida and Ohio

If there is paternity established and a court order in regards to child support only in effect, but NO court order in regards to custody or residency of the child, can a 13 year old decide which parent he wants to live with? Thanks for your input !

No where near enough info...

The only real answer is "maybe"...and not maybe based on state law, but maybe based on how a judge might rule.

 

[Ohiogal]

No where near enough info...

The only real answer is "maybe"...and not maybe based on state law, but maybe based on how a judge might rule.

But the child does not get to choose. The judge would.

 

[BlissfulMommy]

But the child does not get to choose. The judge would.

Ohiogal, I understand. It still puzzles me why courts and laws never have the best interest and wishes of the child in mind when it comes to custody and residency I still think that if parents can somehow avoid to get the courts involved it is in the best interest of the child. Which parent in their right mind would put their child(ren) through the ordeal with courts ?

In our case, since there is a court order for child support in effect, if his Mom agrees to him moving to FL from OH, would she and my boyfriend have to go to court and file an agreement for modification/reversal of child support and get the change of residency of the child documented ? What is the right procedure if she agrees for him to move here ? Thanks in advance !

 

[Ohiogal]

Ohiogal, I understand. It still puzzles me why courts and laws never have the best interest and wishes of the child in mind when it comes to custody and residency I still think that if parents can somehow avoid to get the courts involved it is in the best interest of the child. Which parent in their right mind would put their child(ren) through the ordeal with courts ?

They do have the best interest of the child in mind. In Ohio if you have a case you can request mediation so that the parents can work through the issues together. Also in many counties MEDIATION is REQUIRED and MANDATORY for parents to work through the issues before a GAL is appointed and the case progresses in the court. And neither parent should be bringing a child in to court.

In our case, since there is a court order for child support in effect, if his Mom agrees to him moving to FL from OH, would she and my boyfriend have to go to court and file an agreement for modification/reversal of child support and get the change of residency of the child documented ? What is the right procedure if she agrees for him to move here ? Thanks in advance !

If there is an agreement then the parties can together file an agreed entry that spells out that agreement with the mandatory language required for child support. But child support modifications need a child support worksheet attached.

 

[BlissfulMommy]

Thanks Ohiogal, I really appreciate the information on how to proceed with this !! Do you know if in Fulton Co. Mediation is required ?

 

[Ohiogal]

Thanks Ohiogal, I really appreciate the information on how to proceed with this !! Do you know if in Fulton Co. Mediation is required ?

Read the Fulton County website or call the clerk's office. They may be able to answer if mediation is preferred or required by their magistrates in a custody modification. Also try the local rules. Fulton County is not in my part of the state. And offhand I do not know where it is.

 

[BlissfulMommy]

Ok, the 13 year old told his Mom today that he wants to stay here in Florida with his Dad and I and she went off on him, saying a lot of awful things about his Dad - in my opinion a total No-No - you don't speak bad about the other parent to the child - Period. He is in tears and we don't know what to do. Could we go to court here in Florida and apply for custody since there is no custody order in effect or how should we proceed ? The return to Ohio is planned for the 27th of June and he really doesn't want to go back to Ohio.

 

[LdiJ]

Ok, the 13 year old told his Mom today that he wants to stay here in Florida with his Dad and I and she went off on him, saying a lot of awful things about his Dad - in my opinion a total No-No - you don't speak bad about the other parent to the child - Period. He is in tears and we don't know what to do. Could we go to court here in Florida and apply for custody since there is no custody order in effect or how should we proceed ? The return to Ohio is planned for the 27th of June and he really doesn't want to go back to Ohio.

No...you CANNOT file in FL. The child is a legal resident of OH and therefore OH has jursidiction.

If the child told his mother he didn't want to return, then it only happened because you and your husband allowed him to think that he had some choice in the matter....and that was DEAD wrong and unfair to the child.

 

[BlissfulMommy]

No...you CANNOT file in FL. The child is a legal resident of OH and therefore OH has jursidiction.

If the child told his mother he didn't want to return, then it only happened because you and your husband allowed him to think that he had some choice in the matter....and that was DEAD wrong and unfair to the child.

LdiJ, what is unfair to the child is that the Mother doesn't respect her son's wishes at all. He is very mature for his age. She called him again today and brought him to tears - again - and then he said something VERY mature to his Mom "why are you putting me in the middle of this and giving me hell about it, why are you refusing to talk to my Dad?". She refuses to talk to my boyfriend about the situation. He tried to talk to her before, stating that he didn't want to put their son in the middle of it and reading a list that their son put together with reasons why he wants to stay here in Florida. She just hung up on him after the second reason. Their son talked to her after that and he tried to read those reasons to her and she hung up on her son as well. She is very immature. She SHOULD respect her son's wishes and do what is in the best interest of the child - yet she only thinks about herself. Last night my boyfriend and her finally talked and all she said was money-related. That shows me that it's all about money for her. We don't want or need child support from her. Their son is way more important than money.

 

[jbowman]

I have a child that is 12 years old and if he EVER, in his life said to me "why are you putting me in the middle of this and giving me hell about it, why are you refusing to talk to my Dad?", he would find his lips in the next county. That is not maturity that its disrespect. And at 13, he has no choice in the matter. A 13 year old can decide he wants to stay there because it is more fun... get to eat more candy, see more movies. Of course, its been a fun vacation, he doesnt want it to end....

The mom in this situation did pretty much exactly what I would do. I would NOT entertain any type of move or change of custody over the phone with my child sitting right there -- completely involved.

Why do YOU feel it is in the child's best interest to stay there vs. going home? Is he abused at home? Do they not have running water? What is the problem?

Yeah, its probably about money cuz mothers never really LOVE their children or anything. All mothers are money hungry. ****, Id sell my kid for 50 bucks.