My son's wife went back to her mom's with their daughter. Now she is threatening that he can not see her unless she says so and setting time limits of 2 hours. They are not divorced or legally separated. What can he do?
3 Answers from Attorneys
He has to file a petition for divorce asap to enforce his rights. Contact my office for free consultation 727-446-7659.
If neither party has filed any papers in the court about this child and they are married - then the child is just as much his as hers. Tell him to go get his child. If they call the police it really won't matter because the police will tell them it is a civil matter and that they can only act under an Order from the court.
If you need further assistance in this matter, and you will, because it will be a race to the court house for custody, contact my office for an appointment 904-997-1031
In lieu of having police involvement, if he is not yet ready to file for a divorce, he can meet with an attorney to file a Determination of custody and time-sharing (parenting plan with visitation) unconnected with a divorce. This will also address support. This does not preclude her filing for a Divorce but it will get the matter before the court.
If he is ready to file for divorce (Petition for Dissolution of Marriage) then he should do so and ask for Temporary Relief in the form of Temporary Time Sharing with his child pending the outcome of the divorce.
Natalie Hall, Esq.