Legal Question in Family Law in Florida

Family/Divorce/Child Custody

My husband recently moved out doesn't know about divorce won't give me a straight answer. I still want my marraige to work but i am concerned that he may try to take off with our 18month old daughter. Can i file for temporary custody until we figure out whether or not we are going to divorce?


Asked on 7/09/08, 11:12 am

2 Answers from Attorneys

Alicia Santana Torres Santana Torres Law Offices, PL

Re: Family/Divorce/Child Custody

You don't need to file for custody, you already have custody -- you are the mother and you reside in the marital home. If he takes off with the child (which if you think this is something he would do, he will do it with or without a court order because it is illegal either way) without telling you where he is taking her or under false pretenses, you can send the sheriff after him.

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Answered on 7/09/08, 12:25 pm
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Family/Divorce/Child Custody

You don't need to file for custody, you already have custody -- you are the mother and you reside in the marital home. If he takes off with the child (which if you think this is something he would do, he will do it with or without a court order because it is illegal either way) without telling you where he is taking her or under false pretenses, you can send the sheriff after him.

Read more
Answered on 7/09/08, 12:25 pm


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