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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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im in the military and my spouse left me in august while i

Customer Question

im in the military and my spouse left me in august while i was on a thirty day training exercise...she took my at the time three month old daughter and refused to come back....a month later she started dating someone else in a different state... we're still legally married and ive been paying her eight hundred dollars a month plus a 100 dollar a month phone bill....im getting ready to deploy and am trying to file legal separation....what legal rights do i have
Submitted: 2 years ago.
Category: Family Law
Expert:  Floridalegalanswer replied 2 years ago.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

Because you were married at the time the child was born, you have just as much rights at this point as the Mother does.

Customer :

what are my options

Customer :

what should i do regarding separation

Floridalegalanswer :

I know it probably does not seem like it because she took the child...However, what you can do is file for the separation/divorce

Floridalegalanswer :

Do you know what state she is now living in?

Customer :

utah

Customer :

she rarely sends me pictures of my daughter and is living with another guy

Floridalegalanswer :

Okay. Here is a link you should consider reviewing http://www.courts.ca.gov/selfhelp-divorce.htm

Customer :

already looked

Customer :

ive been on here all day

Floridalegalanswer :

Essentially, by filing a Court action, you would be requesting the Court to implement a custody/ visitation schedule

Customer :

spousal abandonment and kidnapping?

Floridalegalanswer :

Until there is a Court Order, there is not really a feasible way to have the child returned to you. It is generally not kidnapping because the Mother has as much rights to the child as you do.

Customer :

so she can just leave the state with my daughter without my consent and i just have to accept it

Floridalegalanswer :

the spousal abandonment could be raised in the Petition for Divorce or Separation

Customer :

she's been out of state for almost six months

Floridalegalanswer :

You would have to file the Petition in the Court seeking the return of the child

Customer :

ive been in and out of the country so i havent had time to take legal action

Floridalegalanswer :

If she has been out for six months, she may be able to contest the jurisdiction in which case, you would have to file in the State the child has been living...Utah

Floridalegalanswer :

You should consider consulting with an attorney.... the attorney should be able to accomplish a substantial bit while you are overseas

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I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law