Legal Question in Family Law in Florida
My husband and I are having problems all started because my daughter his stepdaughter wants to see the biological father in my home country, initially my husband said maybe and then he told me that my children will never return to my country of origin, so i told him that he cant take the kids either.now he is saying that he is going to keep the kids , the car and he no going to pay my rent i dnt have a job and im a afraid the court let him keep my kids because i dnt have any income . i dnt have any idea what im suppose to do
2 Answers from Attorneys
You cannot lose your children simply based on not having an income. If you feel that it is possible that your husband is going to take legal action you should contact your local legal aid office or local bar association for a lawyer who accepts low income cases.
Assuming that he did not adopt the child, what you do with your child is none of his business.
If the marriage is over, then it is over. In that case, file for divorce.
If he is violent, or threatens you physically, then do not wait for an attorney. File a Temporary Injunction for Protection from Domestic Violence. You can find the forms on line. You can also get them from the Court Clerk.
If a temporary injunction is not pursued, and if you have the financial resources to do so, then moving out would be an option. As soon as one party takes the kids, the other will likely run to the Courthouse. Therefore, you might want to have a divorce case established first. If you move out, the Court may say you voluntarily assumed responsibility for the additional expense of starting a new household.
He will almost certainly have to pay child support.
Depending upon you comparative financial situation, and length of the marriage, he might also have to pay you alimony.
In Florida, with family law cases, depending on the parties' comparative financial resources, the Courts have the discretion to hold one party responsible for all, or part, of the other's attorney fees and costs. In other words, if the other party has significantly stronger financial resources, do not assume that you will not be able to afford to retain an attorney.
The above information is provided without any consideration having been provided, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
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