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Ray, Lawyer
Category: Legal
Satisfied Customers: 42837
Experience:  30 years in civil, probate, real estate, elder law
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My wife recently said we needed to seperate. She was asking

Customer Question

My wife recently said we needed to seperate. She was asking for 2 years. I said no. I belive i need to go the divorce way. we have 2 kids and florida is a no fault state. If i take my kids to my parents house. what is to stop her from taking them away from me. she has no job and no place to live
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: this isn't real estate
JA: Has anything been filed or reported?
Customer: i plan on filing tomorrow
JA: Anything else you want the lawyer to know before I connect you?
Customer: i have proof she has been taking drugs and doing other things
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 9 months ago.

You have right idea here to file for divorce and seek temporary orders for custody of the kids and order her to pay support.You have the advantage now to do this since she lacks resources and has drug issues, etc.The custody orders protect her from taking the kids.Your lawyer can seek hearing on such orders quickly and you can move forward to divide property and resolve custody.Filing for you now is a good idea.

I appreciate the chance to help you tonight.Thanks again.

If you can positive rate 5 stars when we are do it is much appreciated.

Expert:  Ray replied 9 months ago.

There are two types of custody arrangements in the state of Florida. Child custody can be awarded to one parent (known as sole custody) or to both parents (known as joint custody).

With sole custody, one parent gets legal and physical custody of a child. In a joint custody situation, both parents share legal and physical child custody. In Florida, joint custody is called shared parental responsibility, and both parents must approve all decisions related to the child. In this situation, one parent is named the primary joint custodian and the other parent is granted visitation so the child has a primary residence, school, and a designated primary physician.

You have great facts to get sole custody here.

Expert:  Ray replied 9 months ago.