Q: I am the primary parent of my 10 & 12 yr old, been divorced 2x, now moved in with my bf of 2 yrs. Could I lose custody?
I was married to the father of my kids for 8 years before divorcing, got re-married and then divorced shortly after and recently moved in with my boyfriend of 2 years. We have a very nice home, great jobs, respected in the community and provide a great life for my kids. My 12 year old daughter recently decided that she wanted to live with her dad because they do bible devotions and pray together at her dad's house and we don't do that here, even though I take her to church. She is an emotional pre-teen going through puberty, so I said the decision was not hers to make and that she was staying with me. Now her dad is threatening to take me to court for custody and also claims that he has the right to meet my boyfriend since he is living with our kids. My boyfriend does not want to meet him, because my ex is always causing trouble and drama for me and wants to stay out of it as much as possible. Does he have a legal right to meet my boyfriend and could he win custody over this?
A: The desire of the child is only one factor that the court considers and is certainly not the most important one. If that is all he has to go on he will lose. It is my opinion that all the parents should know each other and communicate regularly, So, I think your boyfriend needs to meet with the ex. You all have a common task, to raise the children and should not be silent towards each other at all. You should read the provisions of Florida Statutes, Section 61.13(3) to learn about the factors that the court considers in making decisions about what to do with the children when the parents cannot agree, and it is also a good guide for your own behavior towards the other parent. Children rebel at this age and one of the ways they do that is to pit the parents against each other. Recognize this for what it is.
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