Legal Question in Family Law in Florida
Hi, my husband is an American soldier who I am seeking divorce from we have 2 children together and I was under the impression that this divorce was going to be fair and agreed upon about child custody from both of us so I signed a legal separation document stating that he is to have custody but I can have the children when I want with his agreement and now he is not allowing me to have the children I have not signed any divorce papers yet but he says it doesn't matter with the separation agreement I now want to fight for custody of the children as they are not being properly being taken care of and he has been using them against me our divorce is set to be filed through Florida is there any way I can still fight for custody even though the affidavit was signed but we have not signed divorce papers ? Or is there anything I can do to contest his custody and gain favor of the court?
3 Answers from Attorneys
No attorney can give you a decent opinion without first reviewing the "agreement'. Have an attorney review the actual "agreement". Don't sit on this.
Florida does not recognize "legal" separation.
Did an attorney draft the agreement?
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
Contact me to schedule a no obligation office consultation. While telephone calls, and email responses, are encouraged, please do not send text messages.
Sincerely, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1401 Ohio Ave., Ste. B
Palm Harbor, FL 34683
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
Need to see the agreement. It seems very vague so you can still go to court to enforce your rights. He is not entitled to jerk you around.
Usually Judges do not accept a military Separation Agreement in a DOM action. I cannot make a determination without reviewing the actual document. Usually either party always has the right to argue for custody as being in the best interest of the child. Also no Judge will approve an agreement allowing the child to be taken overseas over the objection of a parent, active duty military requires the ability to be deployed overseas
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
