Orlando, FL asked in Child Custody and Family Law for Florida

Q: I have 50/50 custody of my 15 year old son. At what age can he legally decide not to have to go to other parents house?

His mother has refused to let him attend extra school events and take him to school to those events during week-end. She moved an hour and a half away from school. But as per child custody agreement he goes to school where I live. He doesn't like going to her house during school days. He says it is a waste of time and he has to get up extra early to get to school. He would prefer to stay at my house on school days. How old does child have to be to decide for himself? She also makes changes to our schedule without asking. She doesn't let him travel with me and won't make changes to schedule to accommodate that. Our agreement has no language that requires permission. To keep the peace we have asked. However we are both tired of the constant being told no about everything. For the record she did try to take him out of Lake Nona High and put him in Poinciana High without telling me. I had to find out from someone else. Yet the divorce agreement is clear he goes to school where I live.

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: A child never has the power to decide; however, as they get older their preference may be influential. It really depends on the judge. It sounds like you may need to go back to court on a motion for enforcement. Read your parenting plan carefully and speak with a local family lawyer for more specific advice.

Ira Markowitz agrees with this answer

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