Legal Question in Family Law in Florida
Custody and living issues
In Florida, a couple that has never been married but been together for 11 years and have a 7 year old son, are living in separate rooms. The man owns the house, everything is in his name. He wants the son to stay with him. How can he go about making the steps to have the woman leave and prevent her from taking the child. What rights does he have in this situation? Can he evict her and put an injuction against her so that she has to take him to court for custody of the son?
2 Answers from Attorneys
Re: Custody and living issues
Sounds like they are not getting along! It is not a matter of where they are sleeping but what is the roles they are playing.
Assume that paternity has not been established and the putative father has not registered, then it is time to establish him as the parent (legal & biological). He can also file for temporary custody and see if the court will award him custody. "Family" couseling might be appropriate for the chil's sake even if it won't help his parents presumably.
A good family attorney can guide you.
Re: Custody and living issues
He can--and may have to--evict her to have her removed from the house. If there has been an incident of violence, he can file for a domestic violence injunction, which may also give him at least temporary custody of the child. He'll need to file a paternity action to get permanent custody of the child.
He'd be very wise to seek the assistance of a lawyer.
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