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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3426
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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I am a dad of a 16 year old girl, who would like to live with

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I am a dad of a 16 year old girl, who would like to live with me and my wife, b/c she has a very difficult time getting along with her mom.

The physical custody has been recently modified when I have moved out of Florida to Indiana 4 months ago to be with my new wife. I get to see my kids (I also have an 8-year old son) once a month for a weekend and the standard summer and school break schedule when they come here.

She is here with us now and she is refusing going back home. I would like to know if we have a chance to arrange an emergency or temporary custody, where we can leave her here while we can arrange something more permanent. There is no physical abuse or threat of one, I am not sure if there is emotional abuse, kids get yelled at, grounded and phone and PC taken away when they mention they miss me or want to see me. They live in Naples, Florida.

Do we have a legal option to leave her here? If no, do we have a chance to have yet another parental schedule modification done and will it take months and major financial burden to accomplish this, as I have no reasonable communication with my former wife?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

Sorry to hear about the trouble you are having. Unfortunately, without direct evidence of impending danger, no Judge will issue a temporary order to allow you to keep her. You will need to return her to her Mother and then file a motion in the court to modify the schedule. However, just because the daughter does not get along with her Mother will not warrant a change in the schedule. Without some material change, I don't see a Judge modifying it for that reason.

Customer:

Thank you Michael, that is what we needed to hear to know for sure.

Michael J, Esq. and other Family Law Specialists are ready to help you

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