Can My 15 Year Old Choose Not to Live with Me at Her Father's Request

My question involves a child custody case from the State of: Florida

My ex and I share time with the kids 50-50. We have been divorced a short time and I am remarried. My 15 yr old once in a while says that would rather live with only dad. Besides saying that every now and again, my child appears very happy. We currently do not live with my new spouse but will soon. When that happens my spouse and spouse's kids will be with us evey other weekend. in a nutshell, we'll ALL be together 28% of the time I have my kids and I will be alone with my kids 72% of the time.

FYI - there is no abuse physical or emotional in our house. My child just disagrees with the fact that I got remarried at all. I believe my child feels bad that it is ok being with me and the new family so my child would agree to ask to move in with dad to make him feel better. (very conservative religion is at the heart of this issue.)

I am sorry this is written this way. Trying to be vague.

Thank you

Quote:

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My child just disagrees with the fact that I got remarried at all.

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Well, he's entitled to his opinion, but it's ultimately not his call to make. And it certainly doesn't merit going to court for a change in custody.

If you WANT to allow him to live with Dad, you certainly may, but if you don't, then leave things as they stand. Kiddo can make decisions about where he lives when he turns 18.

If you are recently divorced and your order is new, it would be quite difficult for dad to get it changed so soon barring extreme circumstances. Your child doesn't choose either, but if in the future dad makes a motion to modify the custody order, how much consideration will be given to his wishes will depend on his maturity level, reasoning, and how much you judge is open to hearing his opinion.

I don't think you have any legal issues to worry about at the current moment. But, you say you are recently divorced and that you already have a new spouse. Can you understand why your son might be having these types of feelings? That would be very ddifficult for any child, religious convictions or not. Generally it is better for children if you give them some time to be okay with the divorce before you so quickly remarry. Take it easy on him and look for ways to help him cope.

THank you for the replies. Divorce has been official for almost one year but the process of the divorce has taken a few years. This isn't really "new" to the kids, however I agree that it is not easy for them. My fear is that he would try to take them before they had a chance to see how this could really work out. I want both my children to continue to have 50% of their time with me (I'd love more but that's not fair to him) until they graduate and move on. I just got nervous that all my child would have to do is say a preference and go with dad full time. I do not think that is truly what my child wants but I do believe that would say that it was if thought to be the "right" thing to do.

Preparing just in case he decides to file a motion to change things.

Thanks again!