Legal Question in Family Law in Florida
my wife and I are divorcing and we both currently have one child each in our home. Now she wants both and chld support. What are the chances she gets to take our son back after me having him for the past 10 months?
2 Answers from Attorneys
The courts have a preference for keeping siblings together. Therefore, unless there is a compelling reason which is consistent with the best interest of the children for them to reside separately, the court will want them together. However, the children do not necessarily have to reside with your wife. The courts believe that children are in need of both parents and lean towards giving both parents equal opportunities to enjoy time with the children as well as to sharing the responsibilities for parenting.
Ages of the children would be helpful. Although Ms. Robinson is correct, if there is a vast age difference and some circumstance that would make it preferrable for the situation to remain the same, then you could in essence have joint custody wherein one parent will pay child support but at the most minium of cost since you each have one of the children.