Legal Question in Family Law in Florida

Child Custody Before Separation

I live in Florida with my wife and 2 children (ages 3 & 4). My wife has started using drugs and having an affair.

Can I take my children to live with me at my sister's house in Texas without being charged with kidnapping? Can I then file for custody of them in Texas?

Neither one of us has been to a lawyer to file for divorce yet. My wife has not been home in weeks and has wiped out our bank account. I have to vacate the house that we rent because she has not paid in several months.


Asked on 10/16/07, 12:27 pm

1 Answer from Attorneys
Robert Simpson

Re: Child Custody Before Separation

Jurisdiction lays with the FL Courts; you have not established a legal residence in Texas. Go to your Court where you live and file for divorce and temp custody.

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Answered on 10/16/07, 3:51 pm


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