Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing family law for 19+ years and look forward to assisting you.With regard to your post:
my son has lived with me in LEE county Florida 5yrs. his mom lives in Miami Dade county Florida where we got divorced. I never stopped paying her child support even doe my son lives with me.i was just happy to have him. But now she wants to take him back he is enrolled in school and is 16ys.can she take him? Yes, at this moment, since there is a Court Order saying she has custody, she can. However, you can immediately file a motion for temporary custody based on the the facts you have noted and can clearly prove, temporary stay of YOUR child support obligation and start of mom's obligation - all pending a hearing for permanent court ordered modification of Child Custody. Note that if for some strange reason, a judge ordered the child back to the mom, you can move asking for a credit for the 5 years of payments you made to the mom while she failed to take custody of the child, so that you may not have future payments to make. However, back to the offical change in custody to you - it is highly likely, particularly if there is no reason not AND the child himself wishes to stay with you. His desires can be considered by the Judge and at 16, are often conclusive if there is not some big bad factor to the contrary.
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.
Your online legal resource!
we have joint custody.but she gave him to me in dec. 07.so if she comes to pick him up befor I see a judge I have to give him up?and do I just go to the court to file the form or find a lawer?thanks and sorry for all the help.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).