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Legal Eagle
Legal Eagle, Lawyer
Category: Family Law
Satisfied Customers: 5238
Experience:  Licensed to practice before state and federal court
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If a couple divorced Mom took child and moved to Florida. At

Customer Question

If a couple divorced Mom took child and moved to Florida. At what age can the child decide who it wants to live with under Florida l law? And if the father owes child support will he have to pay all he owes even though he has not been able to see his child since 2005?
JA: Has a court order been entered regarding any unpaid child support? When was the last payment made?
Customer: No he was in jail for 3 years and now is off parole and would like to see his daughter. His X wife threatens him with the DA every time he tries to contact her. His daughter is now 14. There was an order to begin with but he says it was just un t I'll he came off paroll
JA: Anything else you want the lawyer to know before I connect you?
Customer: He is willing to pay child support now but her is no way he can pay all the past.
Submitted: 2 months ago.
Category: Family Law
Expert:  Legal Eagle replied 2 months ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 2 months ago.

so, Florida law does not dictate a specific age that a child can decide who they want to live with. However, the court will usually accept the wishes of older children over the wishes of younger children. The main reason is because younger children are often influenced by their parents or by other relatives to choose one over the other. Older children tend to be a bit more independent and also can assess their own needs a little bit better than younger children.

As to your second issue as to whether if the father owes child support, the father will have to pay child support back even if he hasn't seen his child since 2005. in many cases, a non-custodial parent may not ever see their child, but the state will still consider them to be on the hook for any past due child support payments. In your case, if the child is 14 years old and if the father is willing to pay child support, then the father has a good chance to have the child at least spend some time with her him. The father will have to prove that he is going to be able to take care of the child and support the child, but if that's the case, then the court is going to look favorably upon the father in that situation.

Follow up questions are free, so please feel free to ask away. You can also click here in the future to request me individually. If you don’t have any additional questions, were you satisfied with my service today?

Customer: replied 2 months ago.
I would like to keep this conversation open until he gets in from work today incase he has more questions. Is that ok? Your answers were fine for my questions not what I wanted to hear but law is law. ..
Expert:  Legal Eagle replied 2 months ago.

That's no problem. Come back anytime.