Legal Question in Family Law in Florida
I have been separated from wife for about 3 monts and will be getting divorce soon. I was seeing my son every other weekend but now she refuses to let me see my 3 year old. Can I legally pick him up from school or daycare without her permission and keep him for a few days? We have no court ordered custody documents as of yet.
2 Answers from Attorneys
Nothing prohibits you from taking your biological child. You have as much right to him as she does. You should probably tell her where she is, obviously, but he is as much your son as hers. The better practice, of course, would be for the two of you to work this out. Maybe you could come to a schedule where you alternate weeks.
This is why you need to file a Petition for temporary custody, visitation, support and temp needs. Just when you think all is ok, the other parent decides to change things.
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