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

Q: If I'm married & separated and we have no court-ordered parenting plan, can my wife take and hold our child at her whim?

While we have no court-ordered parenting plan, we've been operating on agreements for the rotation of our child. Our latest agreement, in writing, was a 2-week rotation. She suggested a 2-month rotation, which I rejected in writing.

In keeping with the 2-week rotation, I've been attempting to get confirmation for where to pick up the child on the switch-off day. She has been ignoring my calls and messages.

 My worry is that she will attempt to keep our child for the 2-months she suggested.

I'm amid filling out divorce papers as her keeping to the agreed upon time-share of our child has been an ongoing issue since we split.

 I keep the agreed time-share on my end, but once our child is back in her custody, she butchers the schedule and keeps the child for longer than what we agreed upon.

If she keeps our child past the original agreement despite my objection, does she have the legal right? Am I within my rights to call and be escorted by a sherif to get our child?

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

A: No, I doubt a sheriff or other law enforcement officer will assist you without a court order.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.