Legal Question in Family Law in Florida

Spouse decides on her own to move out in a Non-Legal Separation

My wife signed a lease to another residence without consulting with me at all. She has now moved out of our home and lives there. My question is: Is she allowed to take my two children, both younger than 6 years old, to live with her without any intervention from the courts? If so, what rights do I have with regard to the children? If not, what rights does she have with regard to the children? By ''rights'' I mean who do they live with and how does visitation work? Thanks in advance.


Asked on 2/25/08, 3:19 pm

2 Answers from Attorneys
Robert Simpson

Re: Spouse decides on her own to move out in a Non-Legal Separation

Looks like you are on your way to some court intervention. You can file for some temporary relief, or file for dissolution of the marriage. You are headed for some marriage counseling as a spouse/parent normally do not establish separate residence without some problem. You did not mention any?

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Answered on 2/27/08, 1:23 pm
David Slater David P. Slater, Esq.

Re: Spouse decides on her own to move out in a Non-Legal Separation

If custody and visitation cannot be resolved between you by written agreement, a court proceeding would be required.

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Answered on 2/25/08, 5:34 pm


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