Legal Question in Family Law in Florida

Wife Withholding Children from Father

My wife and I are going through a very difficult trial separation due to her intense anger at my having lost my business due to the failing real estate market. She blames me and retaliates by directing her anger at me constantly. She is temporarily living in the marital house and I am currently living three hours away with my mom. My wife spends a lot of time away from the home at different relatives homes. We have three young children and this is where my main concern lies. They don't realize the seriousness of our present marial difficulties but they understand that we're not living together at the moment and they made me promise to call them every night. The problem is that every night when I try to contact them, my wife refuses to answer her cell phone and relay the message to my children that I want to talk to them. She has her phone programmed so that I can't even leave a message or a page. Right now I know that they've left the home and I have no idea where they are. Does she have the legal right to purposely withhold the children from me? I have absolutely no way to contact her or them and I'm at my wits end because I dearly love my kids and they're being hurt by her anger. What are my options, if any.


Asked on 4/17/08, 9:54 pm

1 Answer from Attorneys
Robert Simpson

Re: Wife Withholding Children from Father

You have choices the most obvious of which is to find your wife or have someone get a message to her and see if couples counseling/family counseling/counseling with your pastor or a spiritual leader/ will be effective. The second harsher choice is to file an action in court for a legal separation or dissolve the marriage. The situation as you set forth is only hurting the children.

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Answered on 4/19/08, 11:54 am


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