Can Ex get away with filing lawsuit for custody of 17 yr old?

My dau who is 17 with a 3 mos old baby has been in my custody since birth. My ex tried to take her prior to divorce being final in Jan 09, but loss. He filed a injunction against me OBO our 17 yr old but she still lived with me. Judge threw the injunction out b/c my ex did it out of revenge from a court ruling against him. I was served 3 days ago for lawsuit for custody. I have 20 days to respond. My dau turns 18 in Oct and will began getting checks from a settlement. My dau says her dad said he could get $900 a month out of me if he wins. Tell me this can't be? He told the Dept of Children that she could not live with him when they asked if she could stay for a cooling off period. She stayed 2.5 weeks and he said she had to go. So it was not ok at that time for her to return to my home so I sent her to my son's house for 3 weeks and now she is returning today. Now that he's learn of her settlement he wants custody? She can just go stay with him. We had not set parental visitation as it was stated she can go between the two homes as often as she decided. Why can't she just go and come as she desires vs. filing for custody of an almost 18 yr old. OMG, will this ever end??

by Ladytoni 43 Posts
Posted on 6/20/2009 4:31 PM

Get Alerts!

send to friend

Send to a friend

Can Ex get away with filing lawsuit for custody of 17 yr old? on divorce360.com

E-mail: Separate multiple addresses with commas(,)

From (Your name) :

Your e-mail address:

Florida legal questions on divorce360.com

0	Flag item :: Why are you flagging item: Submit \| Cancel

Tags: divorce , children , difficult ex , visitation , parental rights
See more posts in Florida

Answers for "Can Ex get away with filing lawsuit for custody of 17 yr old?" (7) (You must be logged in to answer)

Was notified yesterday that the pro se custody case is sitting in the Mediation Office awaiting a date. Once notified I will change date as our dau will be 18 in 7 weeks. I have filed to have his drivers lic suspended and registration as well. I just bought her school clothes and it was a lot not to have his financial support. She has a car now and runs it like crazy and SAt when I returned early from a day trip her and her girlfriend (age 15) had 3 guys hiding in the closet ages 18, 22, and 23 and they all except my dau had been drinking in my house! I am ready for her to go but her baby will suffer as I have to get on her now about how she takes care of him. While staying with her dad, he said she was doing GREAT! I say according to what standards?

by Ladytoni 43 Posts
Posted on 8/18/2009 6:23 AM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Custody and Vistation link does not work.

by Ladytoni 43 Posts
Posted on 7/27/2009 8:25 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

I think because she has a child that is also in her favor here in Florida that she is legally emancipated when she turns 18. Dept of Children and Family services says 18 as well so that is what we have to go by. Here they can quit school when they are 16 and there is nothing a parent can do but we cannot put a child under 18 out of the house until they are 18.

by Ladytoni 43 Posts
Posted on 6/24/2009 11:30 AM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

We have already been to court and the judge signed off on the recommendation of the Guardian Ad Liem to her getting a structured settlement monthly beginning at age 18. Its being held in trust with the attorney's bank until she turns 18.

by Ladytoni 43 Posts
Posted on 6/24/2009 11:26 AM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

I will respond and remind the courts of previous vengence tactics. He has promised our daughter a rose garden so she will cooperate with him. She was going to sign an agreement to pay me for $852 in air card bills and her baby's medical bills but he made her change her mind yesterday and she won't tell what he said. OMG will this ever end?? She turns 18 on Oct 9th! She'll begin getting a monthly settlement check. Money brings out the worse in some people!!!

by Ladytoni 43 Posts
Posted on 6/24/2009 6:17 AM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

You proved once that he was seeking custody based on revenge - so you have that in your favor. Your daughter can also be called to testify about what he said to her regarding her settlement and what he can get.

You must respond to his papers, don't ignore it - but also make sure you respond with the allegation of this being for unjust means.

by spaznskitz 7745 Posts
Posted on 6/22/2009 1:42 PM

	1	Flag item :: Why are you flagging item: Submit \| Cancel

It sounds like your ex-husband is abusing the legal system to unnecessarily complicate things for you and your children, and that is a real shame. I would start by recommending that you get a family law attorney who can help you with all the necessary paperwork and also to defend the rights of you and your children against your ex-husband who does not have their best interest in mind.Looking at your question it sounds like the relaxed system of custody and visitation is no longer working for your situation. Courts, when considering child custody issues, are always looking to the best interest of the children in their determination of the best situation. You have the ability to fully respond to the custody papers that he gave you and you should assert your interest whether it be full custody, partial custody, visitation rights, etc. good luck!READ MORE ABOUT CUSTODY AND VISITATION

by legalmatch 38 Posts
Posted on 6/21/2009 12:17 PM

	0	Flag item :: Why are you flagging item: Submit \| Cancel

Divorce360.com is not a substitute for advice from a lawyer, accountant, financial planner, therapist or other professional to obtain advice. Divorce360.com is not intended to, and should not, take the place of professional advice. The opinions expressed in the divorce360.com message boards are those of the author and the author alone. Divorce360.com does not endorse any specific product or service.