Tallahassee, FL asked in Divorce and Family Law for Florida

Q: My husband won't leave the house. I would like the kids to stay in my house 100% and we rotate. Can I make him leave?

My parents live locally (but a 35 minute drive and a different school zone) and I have been staying with them and bringing the kids with me 50% of the time. Meanwhile, my husband has in my house (50% with the kids). He just won't leave. Kids would like to stay home 100% of the time rather than live with Grandma and be far from their friends/school. I propose that we rotate in and out with him getting a hotel on his off days. We split time 50/50, but I pick up the slack from 3-6pm Monday-Friday and shuttle the kids to and from school and activities. Legally, can I make him leave? This is a separation, currently. No one has filed for divorce as of yet.

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: No, you can't force him to leave until and if one of you files for divorce and gets a judge to order him to leave.

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