separated man's wife leaving w/daughter & boyfriend!

[thefalseveil]

What is the name of your state? Florida

My brother has been separated from his wife for nearly 12 months, and from their union they have beautiful 22 month old girl. Throughout the duration of their separation he has regularly taken care of his daughter 2-3 times per week and every other weekend. However, there has never been any legal custody determined, but they are legally still married.
The Mother has a boyfriend of 10 months and he happens to be from Virginia. Well, the boyfriend's father recently passed on and left him a house in Port St. Lucie, FL which he recently sold for a large sum of cash. My brother found out from his separated wife's uncle last night that she plans on leaving with their daughter and her boyfriend in 3 days to VA.!! What rights does the Father have? Can she really just up and leave, take his daughter away and break my brother's heart?

 

[BelizeBreeze]

What is the name of your state? Florida

My brother has been separated from his wife for nearly 12 months, and from their union they have beautiful 22 month old girl. Throughout the duration of their separation he has regularly taken care of his daughter 2-3 times per week and every other weekend. However, there has never been any legal custody determined, but they are legally still married.
The Mother has a boyfriend of 10 months and he happens to be from Virginia. Well, the boyfriend's father recently passed on and left him a house in Port St. Lucie, FL which he recently sold for a large sum of cash. My brother found out from his separated wife's uncle last night that she plans on leaving with their daughter and her boyfriend in 3 days to VA.!! What rights does the Father have? Can she really just up and leave, take his daughter away and break my brother's heart?

If this is not a LEGAL separation (filed in the court of the county) then brother needs to file for divorce NOW! He also needs to ask the court to issue a temporary restraining order requiring the other party NOT to remove the child from the jurisdiction and ask for temporary custody.

 

[nextwife]

What BB said!

NOW!

 

[MANDYLYNN]

What is the name of your state? Florida

My brother has been separated from his wife for nearly 12 months, and from their union they have beautiful 22 month old girl. Throughout the duration of their separation he has regularly taken care of his daughter 2-3 times per week and every other weekend. However, there has never been any legal custody determined, but they are legally still married.
The Mother has a boyfriend of 10 months and he happens to be from Virginia. Well, the boyfriend's father recently passed on and left him a house in Port St. Lucie, FL which he recently sold for a large sum of cash. My brother found out from his separated wife's uncle last night that she plans on leaving with their daughter and her boyfriend in 3 days to VA.!! What rights does the Father have? Can she really just up and leave, take his daughter away and break my brother's heart?

Your brother needs to get an attorney immediately and get the judge to sign a motion for the mother to not remove the child from the jurisdiction. Most judges will agree to your brother's motion, however he needs to this right away or the mother have grounds to say that he didn't have a problem with it.

 

[Gracie3787]

What is the name of your state? Florida

My brother has been separated from his wife for nearly 12 months, and from their union they have beautiful 22 month old girl. Throughout the duration of their separation he has regularly taken care of his daughter 2-3 times per week and every other weekend. However, there has never been any legal custody determined, but they are legally still married.
The Mother has a boyfriend of 10 months and he happens to be from Virginia. Well, the boyfriend's father recently passed on and left him a house in Port St. Lucie, FL which he recently sold for a large sum of cash. My brother found out from his separated wife's uncle last night that she plans on leaving with their daughter and her boyfriend in 3 days to VA.!! What rights does the Father have? Can she really just up and leave, take his daughter away and break my brother's heart?

Your brother can file an emergency motion to prevent removal of minor child. This would also be a good time for him to file for a divorce (Fl doesn't have any legal seperation statutes) and for custody.
He can find all of the forms at www.flcourts.org click on family law forms. Scroll down to find the emergency motion form.

 

[BelizeBreeze]

(Fl doesn't have any legal seperation statutes) .

Actually, it's called Legal Documentation of Separation

 

[Gracie3787]

Actually, it's called Legal Documentation of Separation

Thank you, I just couldn't think of the proper terminology ( my brain is getting old )