Revisiting Custody

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

I do realize the courts do typically require a material change in circumstances before they revisit custody orders. Also, I realize they are typically reluctant to change an existing custodial arrangement absent compelling evidence that a change is in the best interest of the children.

What is considered compelling evidence? What are the factors that a Florida court will consider when revisiting a custody order? Would they consider a teenager out of control with the custodial parent a reason to revisit the custody arrangement? "Out of Control" meaning getting suspended from school, disrespectful to deans and teachers, skipping class and school, sudden bad grades(child was a straight A,B gifted student until recently), custodial parent not able to control child. Do they also consider the children's wishes when revisiting the order?

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Quoting mystryme

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

I do realize the courts do typically require a material change in circumstances before they revisit custody orders. Also, I realize they are typically reluctant to change an existing custodial arrangement absent compelling evidence that a change is in the best interest of the children.

What is considered compelling evidence? What are the factors that a Florida court will consider when revisiting a custody order? Would they consider a teenager out of control with the custodial parent a reason to revisit the custody arrangement? "Out of Control" meaning getting suspended from school, disrespectful to deans and teachers, skipping class and school, sudden bad grades(child was a straight A,B gifted student until recently), custodial parent not able to control child. Do they also consider the children's wishes when revisiting the order?

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Since this type of issue will be based on the exact facts, the best thing to do will be for you to gather up all of your proof and take it to a local attorney for a consult.

You can get a low cost 30 minute consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

You can also read the relevent statutes in chapter 61 at www.flsenate.gov/STATUTES

Thank you Xena. I was wondering if you know if in the state of Florida they take in to consideration the childrens' feelings in the matter? I know from reading other posts that the children have a say in where they want to be in other states, assuming they have valid reasoning for their decision. Is this the case in Florida as well?

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Quoting mystryme

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Thank you Xena. I was wondering if you know if in the state of Florida they take in to consideration the childrens' feelings in the matter? I know from reading other posts that the children have a say in where they want to be in other states, assuming they have valid reasoning for their decision. Is this the case in Florida as well?

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Depending on the child's age, a Judge might be willing to listen to what the child has to say, but in the end, the Judge will base the decision on what is in the child's best interests.