Legal Question in Family Law in Florida

I need to file for a divorce, I live in Georgia she lives in Florida. I want physical custody of my 3 children whom are 5, 4, and 2. She decided to leave Nov 2011 and and against my pleads she took our children with her. Georgia was their residence for three years. I pay her child support weekly, mutual agreement, but she doesn't let me speak with the kids often and now is going back on her word in letting me file any of them on my taxes. If I don't do anything she wants she'll not let me speak with my kids. When I go to visit and if she gets mad she tries to cut my visits short. She wont tell me where they live and I can only talk to them on her time. I will be fair when it come to their relationship. How can I file the divorce and win physical custody as a father/man?


Asked on 12/03/12, 7:52 pm

3 Answers from Attorneys

John Smitten Carey and Leisure

You need to enforce your rights asap. And you need to file the case in FL. Contact my office for free consultation 727-446-7659

Read more
Answered on 12/04/12, 3:12 am
David Slater David P. Slater, Esq.

You will have to petition the Court in the County where she resides. Florida no longer uses the term custody. It uses primary residence. The best interests of the children will be the issue.

Read more
Answered on 12/04/12, 4:53 am
Lucreita Becude Lucreita D. Becude, P.A.

You have waited and now your wife and children are not considered residence of the State of Florida. You will need to file in the county she lives in for divorce, custody, child support. You need to provide evidence of her not letting you have communication with the children. You are obviously visiting these children somewhere and you will need to have this paperwork and everything ready for service of process for when you visit the children. At that time, she will have to provide in her answer to the court, the address she lives at UNLESS you have a Domestic Violence Action filed against you.

Read more
Answered on 12/04/12, 11:24 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida