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Gaining Sole Custody of Child Florida

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  • Gaining Sole Custody of Child Florida

    Hi, I am the father of 3 Children and I have shared custody with the mother of my children. I have three sons, 18, 16, 13. I pay child support for all three of them. Two currently live with me. Here is the thing, My 16 year old son used to live with his mother but would get into quarrels often and he would get sent to live with me. Though after awhile his mother would ask for him back and he would naively go back to just get into more trouble where she would involve the law.
    The question i am proposing is whether or not I can petition for sole custody of him and just him? I have a court date coming up about the removal of my 18 and 16 year olds from the child support since one isn't a minor anymore and the other lives with me. Can i go to a courthouse to petition for sole custody? If so, how do i go about doing this?

  • #2
    Re: Gaining Sole Custody of Child Florida

    I wish to inform you that you can file a petition for gaining sole custody based upon best interest of child as main consideration. In this regard you will have to show that child with mother is having problems with law enforcement agencies and therefore you can demand modification of child custody. You may argue that there has been a material change in circumstances and therefore it is necessary that child custody should be awarded to you.

    AFF

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    • #3
      Re: Gaining Sole Custody of Child Florida

      Originally posted by Girbear View Post
      Hi, I am the father of 3 Children and I have shared custody with the mother of my children. I have three sons, 18, 16, 13. I pay child support for all three of them. Two currently live with me. Here is the thing, My 16 year old son used to live with his mother but would get into quarrels often and he would get sent to live with me. Though after awhile his mother would ask for him back and he would naively go back to just get into more trouble where she would involve the law.
      The question i am proposing is whether or not I can petition for sole custody of him and just him? I have a court date coming up about the removal of my 18 and 16 year olds from the child support since one isn't a minor anymore and the other lives with me. Can i go to a courthouse to petition for sole custody? If so, how do i go about doing this?
      With a court date pending already on the issue of residency of the 16 and perhaps 18 -year old, that would be an appropriate time to petition for sole custody. At that hearing. That would be your response, or if you initiated the petition to modify custody, then amend your petition would be my suggestion.

      You need to file the amendment in enough time to allow the other parent to respond, so check the court rules on this.

      The issue of support and residency is distinctly different than sole custody vs joint parenting. The latter intends the parents to consult with each other and work together over the child's welfare. Sole custody is usually awarded (so many hate that term, as if custody is a prize to be awarded), when the parents do not get along, have different values and standards for parenting.

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      • #4
        Re: Gaining Sole Custody of Child Florida

        The state of Florida determines custody matters based on the "best interest of the child". A court will award sole legal custody to a parent if the court determines it is in the best interest of that child. The court will certainly look at the relationship you have with your child. Present evidence as to why you should have sole custody of your child. Prove to the court that you are a good father. Talk to your children about this because some courts consider their opinions about where they want to live. A child's preference will not be the sole determining factor of sole custody, but what they think is taken into consideration.
        However, in my opinion you should hire a good attorney to get proper help regarding this topic.

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        • #5
          Re: Gaining Sole Custody of Child Florida

          A 16-year old's wishes will be considered by the court and given some recognition. For the judges know that once a child reaches 15 or so, making them live anyplace they do not want to is futile.

          Amend your petition to sole custody and residency of the 16-year old, and 13-year old plus support for them since they are living with you is my recommendation.

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