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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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My wife has left our home and says it over. We have a 2yr old

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My wife has left our home and says it over. We have a 2yr old little girl. which is with me right now. What do i need to do as far as custody?
What state are you in please?

How long ago did she leave?

Thanks


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Please Note: My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 7 years ago.
I live in Florida. She left on Sunday March 29th. Supposedly staying with a girl friend.
Thank you for your reply.

In Florida the goal is to award shared parenting unless one of the parents is clearly unfit to take care of the child's needs. So there should not be much worry on your party in just getting visitation, since Florida law is aimed at having both parents shared in the parental responsibilities of the child.

Now to get this you need to decide whether you are ready to divorce as this is the way the court will establish a court order when couples are married. There is no such thing as legal separation in Florida. Right now while you are married both parents are considered to have the same equal rights to the child. Since mom has just left her actions are not considered abandonment as that generally requires a period of 6 months or more and given that she is so young she is bound to either come back and try to work things out. But for you, you need to decide whether you wish to continue with the marriage or not. If you wish to get an order of custody, you will need to follow through on a divorce.



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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

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Customer: replied 7 years ago.
If she gets her for a week at a time and I get her for a week at a time. Can i make it so that she can not have our daughter around her mother without my wife being present? Her mother is defenatly not a fit parent. She has 12 childeren herself and has placed them in and out of foster care there entire lives. Not to metion a number of other situation that I do not want my daughter to be subjected to.
Thank you for your reply. That is possible, the Judge would want to hear regarding the grandmother's issue and the parenting order can provide such terms as to who is to be present during visitation. Yes, that is possible.



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Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.