Legal Question in Family Law in Florida
primary custody of my children
7-12-07
I want primary custody of my children
In 4-7-07, my wife took my kids and left me in our home that we owned. We sold the home in 6-6-07, and I found a rental home in the same area my wife is living as of 6-12-07. My daughter is 16 yrs old, and my son is 13 yrs old, I would like to have my kids live with me, because of the lifestyle my wife is living (she is fooling around with other men, and she has secretly been fooling around with other men throughout our 19 yrs of marriage). My main concern is to get my kids out of that environment, and have them live with me in a more stable, and moral environment. We are only separated, and my wife told me today I could have the kids. If my kids agree to live with me what do I need to do in order to make this happen? And if I can have my kids how do I workout the child support? Does everything need to be worked out in court again?
Note: My wife has been out of work since 6-29-07, and hasn't found a job.
1 Answer from Attorneys
Re: primary custody of my children
If you are going to divorce, child custody and support will be part of the dissolution process. You can certainly petition for temporary custody in the mean time. If and while you have primary residential care of the children, your spouse will owe you child support when she has income or if she is found to be voluntarily unemployed (the amount comes from a statutory formula and is based on several factors). Of course, you may have to pay her alimony, depending on many factors as well.
If you and your spouse do not agree on custody and it comes to a court fight, you can certainly use the allegations you mention here in addition to the children's desire to live with you. Custody is based on the best interest of the children and a parent's entertaining of multiple partners in the home tends to work against him or her (not what goes on outside the home or presence of the children, though).
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