Legal Question in Family Law in Florida

my husband abandoned our family 4 yrs ago. I have had the kids with me the entire time and he has rarely seen them. I brought them to him for a visit and he was supposed to return them before school started on 8/15--instead he filed for divorce (not a problem) and refuses to return the children. Neither of us has "official" custody. I never filed because he frankly was not interested in parenting them. My question is, if he allows me to see them, am I within my rights to take them back home with me?


Asked on 8/23/11, 1:37 pm

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

Until a court rules otherwise, each parent has custody rights. You are advised to answer the petition for dissolution, asserting your desire to have residential custody of the children as soon as possible. You are within your rights to assert all rights to custody. The judge will decide the issue in the best interests of the children; you are advised to convince the court that you believe that requiring the children to live with you is in their best interest and shown by the past years during which they lived with you. You may need to consult with a family help agency, legal assistance agency, or family lawyer to represent you in this matter.

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Answered on 8/23/11, 1:45 pm


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