Amicable separation

[jeebus]

What is the name of your state (only U.S. law)? FL

Hello all.

My husband of 7 years and I have decided to part ways amicably. I know that the "amicably" part can change at any moment in these situations, and that's why I'm here.

We've decided to separate, but keep the marriage legal for the time being. Still working out the details on that part.

Here's the meat-n-taters of why I'm posting:
We have 3 children together. The current verbal agreement is that I will have physical residence of the children and he will have open reasonable visitation. Is there a way to protect ourselves and our children from parental kidnapping without getting the court involved?

We have agreed to sit down and draw up a written agreement sans lawyer for the current arrangement, but I know that this will probably not be enough to convince a sheriff to go retrieve our children should he change his mind and try to skip town with them. What, besides hiring a lawyer (which is not something we can afford at the moment), is the best way to approach this?

 

[Zigner]

What is the name of your state (only U.S. law)? FL

Hello all.

My husband of 7 years and I have decided to part ways amicably. I know that the "amicably" part can change at any moment in these situations, and that's why I'm here.

We've decided to separate, but keep the marriage legal for the time being. Still working out the details on that part.

Here's the meat-n-taters of why I'm posting:
We have 3 children together. The current verbal agreement is that I will have physical residence of the children and he will have open reasonable visitation. Is there a way to protect ourselves and our children from parental kidnapping without getting the court involved?

We have agreed to sit down and draw up a written agreement sans lawyer for the current arrangement, but I know that this will probably not be enough to convince a sheriff to go retrieve our children should he change his mind and try to skip town with them. What, besides hiring a lawyer (which is not something we can afford at the moment), is the best way to approach this?

The way you have things now, there wouldn't be any parental kidnapping. Your verbal agreement means nothing. You need to file in court if you are concerned about this...

 

[jeebus]

The way you have things now, there wouldn't be any parental kidnapping. Your verbal agreement means nothing. You need to file in court if you are concerned about this...

Aside from just filing for divorce, is there a specific motion for this situation? Is there such thing as a Motion for Parenting Plan/Time Sharing Schedule not connected with DOM?

 

[LdiJ]

Aside from just filing for divorce, is there a specific motion for this situation? Is there such thing as a Motion for Parenting Plan/Time Sharing Schedule not connected with DOM?

Sure, you can file to establish custody without actually filing for divorce. People do it all the time. If you can keep it amicable, you can do it without an attorney.

You may not find a form that exactly mirrors your situation, but you can draw up your own agreement (using another form as a template) and submit it to the court. You might not even have to have a hearing. The judge might just sign off on it.

 

[jeebus]

Sure, you can file to establish custody without actually filing for divorce. People do it all the time. If you can keep it amicable, you can do it without an attorney.

You may not find a form that exactly mirrors your situation, but you can draw up your own agreement (using another form as a template) and submit it to the court. You might not even have to have a hearing. The judge might just sign off on it.

I just danced a little. Thank you!

 

[ecmst12]

It is MUCH better to have a schedule in place then just "reasonable visitation". You may not agree on what reasonable means.

 

[jeebus]

It is MUCH better to have a schedule in place then just "reasonable visitation". You may not agree on what reasonable means.

Absolutely. We will be working out the details as soon as he returns from his business trip tomorrow. My brother's divorce decree states "reasonable visitation as agreed by both parties" and he keeps getting run over by his ex. I'm learning from the mistakes of those around me.

Thanks again.