Legal Question in Family Law in Florida
my wife moved in with another guy. can't i just go over there, take my son, and walk off? as long as i tell her where im going with him and tell her when im coming back with him, i should be fine, right? i am his dad after all, what gives her more rights than i do? we have nothing in the courts yet, because we're both broke, and there is nothing legal going on at all yet. i know after the courts have a sayso this is different, but that isnt the case now. i wouldnt be kidnapping would i? i dont even want to take my son to come back and live with me (im not ready yet, no crib, or toys) just to keep him to myself for a few hours, and shes stopping me from doing just that.
1 Answer from Attorneys
You're absolutely right. You have every right to go get your son, take him home, keep him for as long as you want. Your rights are exactly the same as hers. It's not kidnapping, and the police should just say, "Take it to court if she calls them."
It's certainly reasonable for you to see him for a few hours (at the very least) and, if she is denying you time with your son, then she is doing serious damage to her claim for custody in a divorce case, should one get filed.
Of course, the best practice, for your son's sake, would be for the two of you to work something out where you decide how much time each of you have with your son, but that's not always possible. So, carefully and politely, go get your son.