Pompano Beach, FL asked in Divorce, Family Law and Child Custody for Florida

Q: Married for 13 years in Florida. Husband left the home 18 months ago. Still pays rent. Nothing more. He just filed for

divorce end of Match 2020. Our son called up his dad and asked to live with him as he was unhappy with his chores. He lives in Orlando. We live in St. Augustine(over 2 hours away). His dad came and picked him up 2 days ago. I didn't want to fight with them(abuse in relationship, scared). Question is can he legally just take him away? We have 3 children total together. Our daughters are still with me. My heart is broken. Due to this virus I still haven't been served yet and it's been almost 30 days since he filed. He is 10 years old. What can be done? I want him back but don't want to cause him anymore pain(he has taken his father leaving us the hardest, and his behavior and temper, have completely changed for the worse). He needs to get into therapy ASAP but his father keeps telling him he doesn't need it.

2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: If you cannot reach a resolution with the father then your only remedy is to go to court. It is unlikely in the divorce that the court would split up three children. However, you will both have a timesharing schedule defining when the children are with each of you. If he filed for divorce and then moved away after filing you may be able to force him to move back, or at least to return your son to the jurisdiction. You need to schedule a consultation with a local family lawyer as soon as possible to discuss your options.

Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: The judge assigned to hear the divorce case will get to decide where your 10 year old son gets to live, for how long and what visiting rights should be given to the non-custodial parent. The good news is that in the great majority of cases the child's mother is the custodial parent. The bad news is that your 10 year old son is just now entering the period of his life where it is almost like his job is to make his parents go crazy. You should search for a Florida divorce lawyer to help you get through all this legal noise as soon as possible.

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