Legal Question in Family Law in Florida
Custody questions upon seperation/divorce
I am currently married and expecting my child to be born. I am not happy in my marriage and I plan on leaving my wife after our son is born. Our lease will be up in September and by that point the baby will be 3-6 weeks old. She does not intend on breastfeeding the baby. How exactly would initial custody be determined? When I move would I be able to take my son with me to my new home? Do I need to give my wife any type of notification that I plan to take him? Would this adversely effect my chances of being granted custody in the future? I will be moving in to a house that is more than big enough for us and can readily support both of our needs. My wife on the other hand will be moving in with family, sharing a 3 bedroom house with her parents and 2 sisters. I dont feel that they will have the space that they need in that environment and that it would be in my son's best interest to stay with me. She has told me repeatedly that if I leave that she will take him and not allow me to see him. Is there any way I can prevent this from happening? Is there a way to deny her visitation until there is a formal court order for custody? I am concerned that she will take and keep my son from me as she has already promised to do.
2 Answers from Attorneys
Re: Custody questions upon seperation/divorce
Hello: I just read your question and the one response. I can offer a little more advice. First, you can view Florida Statutes by googling those words and looking up the laws on dissolution of marriage. Section 61.13 provides the factors which the court will consider when making a parenting plan ruling. In general, the Courts want both parents involved in the child's life. You two need to get along for discussions about the child's welfare, when you are going to be picking up and dropping off the child, the clothes, the expenses, etc.
Neither party should be talking about keeping the child from the other. I am divorced and have twin girls. They spend time with each of us. Because we don't display meanness and anger in front of them,they are happy chicks. If you love your kid, you want him/her to be normal, emotionally well off, etc. He/she will not be if the parents don't act normal.
My guess is a Court will probably order a new born child to spend a majority of the time with the mother or perhaps equal time between the parents. This assumes each parent is fit to be a parent and their living environment and personal lives do not cause detriment to the child.
In these cases, I usually have my clients come in for a consultation (about one hour) to explain the laws and procedures for this type of case. These are very serious issues.
If my office can be of any assistance to you, please give us a call. Tom Rosenblum
Re: Custody questions upon seperation/divorce
Deny a mother visitation because you wish to leave her? Not likely. She has threatened to take and keep your son from you, but it sounds as though you are making plans to do the same. This is why the court needs to be involved.
If you are wishing for divorce and therefore a shared parenting plan, I recommend you contact and retain a family law attorney ASAP. Neither you nor your wife should "take" or "keep" the baby from the other. For the best interest of the child, work this out like adults who will likley need to be able to work things out for the child for the next 18-22 years.
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