Legal Question in Family Law in Florida
custody
my son left his wife about 2 months ago. He has rented a house in town with another couple. He has 2 children with his wife. She is controlling when he can see his kids, how he should go about picking them up, and what he should do with them when he has them. She is very controlling. They had agreed he would have them Friday, Saturday, and Sunday everyother week and the first week of the month. So far she has changed this every week. I am the grandmother and have been keeping the daughter on tuesday and wednesday for 4 years, now the mother want let me see them. I only see them if and when my son gets them. The other child is only 6 months old, he doesnt realize I was keeping him on Tuesday and Wednesday, but the little girl is heart broken that she cant see me anymore. We always went to Chuckie Cheese on wednesday, to the mall, Sea World, we were always doing something entertaining for together. They have not been to court yet so nothing legal is set, the mother has changed the locks on the doors and my son cant get his stuff. Where does me and my son stand and do you have any suggestions.
2 Answers from Attorneys
Re: custody
The best advice that I can give you is to obtain capable legal counsel and have him obtain a court order defining everyone's rights and responsibiltiies. That way the controlling wife will have little power to be arbitrary. Be certain that your son maintains contact and provides support without interuption!
Re: custody
Your son will have to assert his parental and spousal rights by court action, and he is advised to consult with a local family law attorney as to legal options. Your rights as a grandparent are limited and should be pursued through your son. He has a right to petition the court for custody or visitation rights, frequent and continuing contact with his children, division of property and debts, and dissolution of marriage. If the marriage is irreconcilable or he cannot get a firm agreement for support and contact with the children, he has few options except to initiate court action. An attorney can advise him re best options.