What are my chances of getting child custody? 2 Answers as of June 15, 2011My Ex-wife has custody of our 13 almost 14 year old son. She is always trying to get somebody to take him so she and her boyfriend can go out. He is not doing well in school at all. She claims every summer that she "REALLY NEEDS A BREAK" and I asked her maybe a change of scenery would be good for him and maybe he could come and stay with me. She says maybe then quickly changes her mind, but still tries to send him for 2 months at a time to Houston to my parents house, so she can go on vacations but claims she is in financial straits. My son asks me more and more if he can come and stay with me, I don't know what to tell him. My son has ADD and is supposed to be on medication but she forgot to fill out for his Medicaid and now he has no insurance. Now she is trying to say that she makes too much money as a waitress AND single parent, so Medicaid won't accept him. So she tells me she wants an increase in Child Support and wants me to add him onto my insurance. I can't afford this. I believe my son is entering his years where he really needs rules and structure and a father figure who can be home when he gets home. I would like to know what you think my chances would be at gaining custody if he really and truly wants to live with me permanently. Thank you for your time.
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
You would need to file a Supplemental Petition to modify the time-sharing arrangement and prove to the court that it was in your son's best interests to come and live with you. At his age, there is a chance that he might be allowed to testify as to his preference; that would be up to the judge's discretion.
Answer Applies to: Florida