Legal Question in Family Law in Florida

Re: Separation and custody

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That is a great plan. Unfortunately, despite what might have happened, you do not have the right to dictate what will happen with the child and the marital residence. Often times, the court will grant temporary custody to the wife and require the husband to vacate pending a final decision of the court.

Unless you and your wife can reach an amicable agreement, one of the parties will need to file a divorce action with the court and a hearing will have to be held for the court to take testimony and decide on who gets the use of the home and temporary custody of the minor child.

You should retain a good attorney who can review all of the facts and advise you of your legal rights and obligations. You may choose to file first and take the offensive as a legal tactic.

Scott R. Jay, Esq.

Re: Separation and custody

If both of you own the house, you can't just oust your wife. You have to start a divorce action in court and ask for a temporary order allowing you to have exclusive possession of the house until final judgment. The same is true of custody. You have to ask for temporary custody until permanent custody is decided. Note that asking for those things does not mean you will get them. Unless you and your wife come to an agreement outside the courtroom, there will be one or more hearings in court to present evidence upon which the judge will base his decision. Either way, both parents are entitled to visitation at a minimum unless it is against the best interest of the child.