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

Q: How much does it cost to file an emergency child custodian form, and do I need to know my estranged spouse's address?

My wife & I have recently separated, and are trying to handle things amicably. She has left Hillsborough County FL to live with her boyfriend in Alabama. We've agreed to having my son spend spring break up there with her. However, she won't tell me her address because she's "worried I'll serve her papers out of the blue." I'm concerned because, despite normally being somewhat reasonable, when she gets emotional she tends to lash out and I don't want her to take my son and me not be able to get him back. I have documents prepared that establish me as the primary custodian of our son until we formalize a visitation agreement. How much does this cost to file? Do I need her address to file these documents or divorce papers with Hillsborough County? I've been somewhat unable to get a lawyer formally involved because I don't really have a way to work up the $5,000 needed to hire one. I have a full time job but I don't have a lot left over to set aside.

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1 Lawyer Answer
RoseMarie Feller
RoseMarie Feller
  • Lake Mary, FL
  • Licensed in Florida

A: First and foremost, you DO NOT want to send your son to Alabama before you have formally filed and had her served with dissolution of marriage documents. Otherwise, she will be able to keep your son over there and refuse to return him. You are entitled to her address and other information just as she is entitled to knowing where he is sleeping when he is with you. Please contact our office for a consultation 407-878-5942.

Terrence H Thorgaard agrees with this answer

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