Legal Question in Family Law in Florida
My son lives in Palm Coast, FL and he and his wife are expecting a baby. They are fighting constantly and will be separating and getting a divorce. My son says he cannot move out before the baby comes or it would be considered abandonment and he would not be able to have custody of the baby. He also says if he is the one to leave he also would not be able to get custody of their 2 1/2 year old daughter. Is this true?? What can he do? She wants him to leave and is making his life a living hell so he will move out and not be able to have custody.
2 Answers from Attorneys
Although your intentions are clearly good, you should not be making inquiries for him.
Most divorce attorneys provide free consultations. He should promptly schedule consultations with at least two (2) attorneys that practice exclusively family law.
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.
Since this man is married to your daugher in law - have him file for divorce, custody, child support and visitation. If the house is in both names, then he can remain in the house until the divorce or until she files a temporary needs motion to remove him.
the bottom line is this - once you divorce, things are never the same. You will not see your children on a day to day basis as before but you can certainly agree on a visitation that would allow more than the normal every other weekend schedule of years past. Since these children are of tender years and will not be in school, there is no reason he could not share 50/50 with her.
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