Legal Question in Family Law in Florida
i am married for 15 years .i have three children 7,10 and 15.i have been paying for our house for 10 years also have second mortgage.me and my wife have not had much of a relationship for two years.about three months ago she started seeing another man,she would sneak out in the night and go over his house.eventually she would just stay over there for days before coming back .a couple weeks ago she overdosed on prescription meds and was in icu for a few days and baker acted.the man she stays with is on parole ,no job.she seems to have left for good this time ,been gone a week then came back today for large bags full of things.she say she will get the kids and do things with them if she wants.i am planning on filing for divorce this week.what rights does she have pertaining to the kids and once i file do i have to let her back in the house.
1 Answer from Attorneys
For the vast majority of cases the parties have shared parental custody of the kids (what people think of as "joint" custody). If she fails to maintain contact with the kids, and/or if her having shared parental custody will endanger the children, seek sole custody.
Until there is a Court Order awarding you sole possession of the home, your wife has the same rights as you do to possession and occupancy.
Due to the alimony statute, it probably would be in your interest to have the Petition For Dissolution of Marriage filed before your 17th anniversary.
If you opt to proceed without the assistance of counsel, be aware that you will not be entitled to a �do over� if things go badly.
The above information is provided without any consideration/payment having been received, 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.
Feel free to Google me.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
1587 Main St., Ste. C
Dunedin, FL 34698
Tele. No.: 727/455-6596
Law Offices of Elliot Jay Goldstein, P.A.
550 N. Reo St. Ste. 300
Tampa, FL 33609
Tele. No.: 813/810-1500
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