Largo, FL asked in Child Custody and Family Law for Florida

Q: my ex wife and I have been separated ( not divorsed) for 5 years. we have always had a 60-40 split ( i get 13 days a mon

my ex wife and I have been separated ( not divorsed) for 5 years. we have always had a 60-40 split ( i get 13 days a month) but the last 2-3 months she has been reducing my days and now say she only wants to give me my kids 2 days a week. We live 5 mins apart. What can I do to make her comply? I know florida law states we should have 50-50 if we dont have a parenting plan and arent divorsed. but how can i get her to start giving me my kids on our original agreement

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: To get her to comply you file for dissolution.

Sabina Tomshinsky
Sabina Tomshinsky
Answered
  • Divorce Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: Florida does not have legal separation. You are still married, though separated, and unless there is a Court order on time-sharing (such as an injunction / a no-contact and such), you both have equal rights to your children. You may want to consider moving with a dissolution of marriage action and seek, among other relief, temporary time-sharing during the pendency of your case. It would truly serve your interests to consult with an attorney on the specifics so that a specifically tailored course of action can be developed. All the best.

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