Legal Question in Family Law in Florida

me and my husband have been seperated for 2 years now and going thru a divorce he has the kids for the summer and is threatning to not send them home after wards can he do that

Asked on 6/27/12, 10:53 am

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

Not if you have an Order in place. Separation does not count in Florida - we have no separation agreement. However, if you have filed for divorce and you have custody of the children, then no he can not go against what has been issued from the court. If you have only filed - then you need to go ahead and get a temporary needs hearing in place and request c ustody, child support, visitation and possession of the marital home and furnishings and a vehicle until a hearing can be heard.

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Answered on 6/27/12, 10:58 am

Elliot Goldstein Law Offices of Elliot Jay Goldstein

If the Court has not issued an Order addressing custody, then you need to promptly get that issue before the Court. This can be done by seeking "Temporary Relief".

In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.

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.

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 6/27/12, 11:51 am

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