Legal Question in Family Law in Florida

My husband and I have been married for 12 years. 10 weeks ago, he decided to take our son and move out. He is providing no help with the bills or my support. Is this legal?


Asked on 8/04/11, 5:42 am

2 Answers from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

While you can file for both alimony, and child support, without having to pursue a divorce, if a divorce is inevitable, you would probably save much duplication of attorney efforts (and fees) if you pursued a divorce.

How old is your son? Is your husband letting you see him?

Does either party have any interest in retirement accounts, or land?

What type of yearly income does each party have?

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.

If your situation falls within the Greater Tampa Bay area (Hillsborough, Pinellas or Pasco Counties) , I would be happy to schedule you for a no obligation half hour office consultation.

Feel free to Google me.

Sincerely, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

1587 Main St., Ste. C

Dunedin, FL 34698

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

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Answered on 8/04/11, 5:51 am
Lucreita Becude Lucreita D. Becude, P.A.

This is one of those "it depends" answer. If you do not own your own home and he is NOT on the lease, then yes he could move out and take your son. As long as there are no papers as to custody issues, you are both entitled to custody of your son. You can go get him anytime you want and he can not stop you. The police will say this is a civil matter and you will need to get a court order. Does the son want to live with you will be the next question? He is old enough to say no in a court of law and the court will comply ONLY IF the reasons are valid. Otherwise, you will have custody.

I would give you more info but I don't really know the situation and therefore can not properly advise you. If you are in Jacksonville, give my office a call and we will set up an appointment. 904-997-1031

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Answered on 8/04/11, 8:31 am


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