Transfer Custody Mother to Father

by Tyrone from Ocoee, Florida, Orange County

I have been divorced for 6 years and there were 4 children within the marriage. My oldest child, which is now 13 years old has become a little too much for my ex-wife to handle, so I suggested that he reside with me, which he now does (for a week now).

I had to buy a new wardrobe (due to his transfer from public to private school)and many other items for his transition.

She refused to use the child support that she receives for him to help purchase these items.

She will not agree to a modification in child support or custody (due to not wanting to have the amount of child support reduced).

I was told by a friend that I need to wait 6 months before I take her back to court and modify custody and child support arrangements. Is this true that I have to wait that long?

Answer to Florida Child Custody Question

Dear Tyrone,

Your friend may be mistaken; or he may be exactly right. It depends.

If the child had been living with the mother in a different state, then, yes, you need to wait for six months so that Florida becomes the state of jurisdiction.

On the other hand, if the child had been living with the mother in a different part of Florida, then there is no need to wait, you can petition for a modification right away.

Sometimes verbal agreements can change over time to suit the parents, but a written agreement is much safer for both you and your child.

My suggestion is that you have in writing from your ex the fact that she has agreed to your taking custody of your child.

You might want to get a formal Parenting Plan filled out as well. Have a look at our Florida Child Support page and our Florida Parenting Plans page for more information.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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