getting out

[laven1971]

What is the name of your state (only U.S. law)? I live in Florida. My wife and I have 2 young boys together. I want her to move out and leave the boys while we get a divorce. She can't keep a job and not worked in the last year. she can live with her parents. if che won't do this, can i take the boys and move out as long as she gets visitation.

 

[LdiJ]

What is the name of your state (only U.S. law)? I live in Florida. My wife and I have 2 young boys together. I want her to move out and leave the boys while we get a divorce. She can't keep a job and not worked in the last year. she can live with her parents. if che won't do this, can i take the boys and move out as long as she gets visitation.

Either one of you can move out and take the children with you, either one of you can stay in the home and keep the children with you, both of you can stay in the home (and probably should) until a judge makes orders for temporary custody.

If she is the primary caretaker to the children, because she has not been working, then she does have the edge for primary custody.

 

[laven1971]

problem is she like to go to her male "friends" house and not come home until after 4 sometimes. she then sleeps all day and expects her 11 year old daughter to watch out for our 22month old for an hour or more. I don't think this is responsible parenting. I work full time get up every morning and gets kids to school because she won"t get out of bed.

 

[mistoffolees]

problem is she like to go to her male "friends" house and not come home until after 4 sometimes. she then sleeps all day and expects her 11 year old daughter to watch out for our 22month old for an hour or more. I don't think this is responsible parenting. I work full time get up every morning and gets kids to school because she won"t get out of bed.

If you feel that she's unfit as a parent, then you are free to file for divorce and ask for physical custody. However, you're going to need to PROVE that she's unfit in the eyes of the court, not your own opinion. Without extensive expert testimony, it's going to be hard to prove that. After all, in many states, 11 is old enough to babysit even unrelated individuals, so watching a younger child when the mother is in the house doesn't seem out of line.

 

[laven1971]

What if only I move out because I cannot stand living with her anymore. Will that affect my custody rights? JUst exploring all my options.

 

[mistoffolees]

What if only I move out because I cannot stand living with her anymore. Will that affect my custody rights? JUst exploring all my options.

Yes. It will affect your custody rights.

 

[nextwife]

Yes. It will affect your custody rights.

Not if he takes the kids. Lots of women move out WITH the kids and still retain custody.

 

[mistoffolees]

Not if he takes the kids. Lots of women move out WITH the kids and still retain custody.

You're right. I just assumed that he meant he would move out by himself since he said 'I' and not 'we'.

If he DOES take the kids and move out, his stbx can file for temporary custody on that basis. The courts do not like one parent taking the kids away from the other parent, so it's not a good idea.

 

[Ohiogal]

problem is she like to go to her male "friends" house and not come home until after 4 sometimes. she then sleeps all day and expects her 11 year old daughter to watch out for our 22month old for an hour or more. I don't think this is responsible parenting. I work full time get up every morning and gets kids to school because she won"t get out of bed.

During the day where is the 22 month old? The 11 year old is at school.

 

[Ohiogal]

You're right. I just assumed that he meant he would move out by himself since he said 'I' and not 'we'.

If he DOES take the kids and move out, his stbx can file for temporary custody on that basis. The courts do not like one parent taking the kids away from the other parent, so it's not a good idea.

Actually that depends. He can take the children and move out. Women do it and are awarded custody. He should truthfully file for custody and sole possession of the house.