Legal Question in Family Law in Florida

Wife left the state with my kids without consent

My wife and I lived in the Jacksonville area with our 2 children. Ages 3 and 1. I had a legal problem and was incarcerated for 3 months in Clay county jail. While incarcerated I had no contact with my wife. She would not accept any calls from me. When I was released on June 21 my parents picked me up. My parents and I went to my house and my wife had totally emptied our house, including belongings of my parents. She moved to Indiana, taking my children away from me against my wishes. I have talked to her on the phone. She said all our stuff is in her mothers garage. And she is living with her mother. She refuses to let me talk to my children. She has emailed me telling me I will never see my children again. She has gotten money from me and my parents for the kids. I get a disability check for $750.00 from the Navy which I signed the April check over to her. She also somehow received my parents stimulus check for $600.00 in May and spent that and received our stimulus check for $1200.00 in May. So she has gotten plenty of money for help with the kids.

I am now living with my parents in Winter Haven, FL

Please!!!

I need to know my rights


Asked on 7/03/08, 9:00 pm

1 Answer from Attorneys
Alicia Santana Torres Santana Torres Law Offices, PL

Re: Wife left the state with my kids without consent

Taking a child out of state with the intent to deny access to the other parent is kidnapping. You can take her e-mails to the police and get information from them on how to send the sheriff after her. Cashing your parent's stimulus check (which I am assuming was not made out to her) is civil theft and she could be liable for that as well. Unless you can afford to hire an attorney, you might want to discuss that with the authorities also.

Read more
Answered on 7/04/08, 9:09 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida