How to Seek Transfer of Physical Custody

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

Let me start with some background info. A couple of years ago my husband and I were out of work and really struggling. We have 3 children together and I also have a child from a previous relationship who is 14 now. We decided to move to Florida to live with my parents so I filed for a modification so my oldest could move with us. I guess that the judge liked my Ex's parenting plan better because I had to leave my daughter behind. I get visitation for the summer and a couple of additional weeks during school vacations. Her dad also provides her insurance and did not want any child support.This is great and all but I am still upset that I was not allowed to take her, she didn't really want to move but I think she needs to be with me especially now that my husband is no longer in the picture. I have tried to tell her that and sometimes I can get her to agree. I finally filed another modification to get custody back after she said she wanted to live with me but now she says she doesn't want to leave her friends and stuff. I think she needs to think of her family and she can always make new friends. I have already started the process of getting her into the school system and everything. I tried to get her father to see my side of it but he will not agree to send her, he says it is best for her to stay because that has always been her home and she has family there too. I just think it is more important for her to be with me and it is not right for him to get in the way of that.

I just need to know what else I can do or if anyone thinks there is any chance that I will be able to move her down here once and for all?

So, you already received the modification but you don't like it so you're trying again. Given that you created the distance you're the likely loser in custody situations and given that you already have the modification and are suffering from sour grapes is not going to be sufficient grounds as nothing has changed.

You got WAY ahead of yourself trying to enroll her in school in FL as you don't have custody of your daughter. You're also telling her that she needs to think about your family, not her father's. That's a non-starter as well.

I think this is going nowhere.

She is settled with her family and friends in Mass. I see no reason for the court to change anything, and you do not appear to have the required change of circumstance necessary to get the motion in front of a judge.

Be prepared for Dad to fight you tooth and nail - specially given your "methods".

Expect to not be successful in your quest.

Was he paying you child support ? What does your husband no longer being in the picture have to do with her needing to be with you now ? It sounds like you are the one that needs her to be with you and not the other way around.

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Quoting FLMama

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I think she needs to think of her family and she can always make new friends.

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You realize that her family includes the father she's been living with, yes? Perhaps you should consider moving to be closer to her...

I agree with the other posters. Nothing in what you said has anything to do with her best interest at all. What makes you think that she needs to be with you more than she needs to be with her father?

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Quoting Mercy&Grace

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Was he paying you child support ? What does your husband no longer being in the picture have to do with her needing to be with you now ? It sounds like you are the one that needs her to be with you and not the other way around.

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Yes, when I lived there he paid me child support. When I left it was cancelled and they were supposed switch it so I would have to pay but he said he didn't want it. I just have to pay for travel and any extra expenses.

I also thought that it would matter that she did not like my husband, now that he is gone, that won't be a problem for her anymore.

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Quoting FLMama

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Yes, when I lived there he paid me child support. When I left it was cancelled and they were supposed switch it so I would have to pay but he said he didn't want it. I just have to pay for travel and any extra expenses.

I also thought that it would matter that she did not like my husband, now that he is gone, that won't be a problem for her anymore.

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Nope. Your ex husband is irrelevant.

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Quoting Dogmatique

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She is settled with her family and friends in Mass. I see no reason for the court to change anything, and you do not appear to have the required change of circumstance necessary to get the motion in front of a judge.

Be prepared for Dad to fight you tooth and nail - specially given your "methods".

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Okay, well.... I am currently going to school and working part time. Once I am finished and have a full time job and possibly my own place, is that enough for a change of circumstance??