Can't See My Girls Alone?

[fldadneedshelp]

What is the name of your state? Florida

My wife and I have been separated now for a week. I was told that I could see my girls at my wife's parent's house only....but her parent's are a major reason why we are now separated. I was the primary caretaker of the girls for the year and half that they have been alive. We have not filed for divorce yet.

I drove to see the girls this week for 5 hours there and back to see them for an hour and a half. I asked my wife if I could take the girls for a few days to spend time with them where I am at, but she stated that she did not feel comfortable with that. I offered for her to come down and stay at a guest home available to her and girls so she could be close. She refused.

Here are my issues and questions. I certainly do not feel safe with the current situation that my girls are in. They are living in an over 55 mobile home community which is prone to bad thunderstorms and tornadoes this time of year. It now also hurricane season which adds to the safety issue. Third, my wife's father is an alcoholic who dirnks everyday beginning at 3PM and I fear something will happen (accidentally) to the girls while he is drunk.

In the state of Florida, is there any paperwork I can file to see my girls right away or pick them up to be with me for a few days despite the divorce process not beginning? I am allowed to see them on her terms (which are unreasonable) only.

My wife and girls are now residing in a county which differed from the one we lived in, so do I need to file any paperwork where they are now residing or where we lived?

I appreciate any help, as this is really killing me not being around my girls.

 

[nextwife]

Is there anything through court? Get an attorney and file for divorce, their immediate return to the marital home and primary custody AND unsupervised time with your own kids.. File while YOUR country still has jurisdiction.

WHO is telling you this: a court order or mom? Are they still in school? Were they taken out of school (mine is done late next week ).

 

[Ohiogal]

Truthfully you have equal rights to the kids. Your wife does NOT have a right to dictate how and when you see them. Do what Nextwife stated and do it Monday if possible.

 

[fldadneedshelp]

There isn't anything filed through the courts. She is telling me that I can see the girls only on these terms. Every attorney I have spoken to thus far has told me that they are not accepting "any new disputed cases". Time is just wasting and I want to see my girls.

There is no marital home as we were in the process of buying a new home and were living with a relative at the time. I do have two homes available to the girls where I am at now, but she refuses to come down here. This has always been an issue that her and her family wants to control what the girls do. I have never, since the girls where born been able to take the girls anywhere by myself...despite me taking care of them by myself while I worked from home and my wife returned to work.

This is so frustrating!

 

[LdiJ]

There isn't anything filed through the courts. She is telling me that I can see the girls only on these terms. Every attorney I have spoken to thus far has told me that they are not accepting "any new disputed cases". Time is just wasting and I want to see my girls.

There is no marital home as we were in the process of buying a new home and were living with a relative at the time. I do have two homes available to the girls where I am at now, but she refuses to come down here. This has always been an issue that her and her family wants to control what the girls do. I have never, since the girls where born been able to take the girls anywhere by myself...despite me taking care of them by myself while I worked from home and my wife returned to work.

This is so frustrating!

While its true that you have equal rights to your children, you are not going to be able to enforce those rights until you get at least a temporary court order. Therefore, you need to keep trying to find an attorney....or learn the proceedures and file yourself.

 

[fldadneedshelp]

Does anyone know which form(s) I can file to do this? And in which county I need to now file this in?

Thanks so much!

 

[Ohiogal]

Does anyone know which form(s) I can file to do this? And in which county I need to now file this in?

Thanks so much!

File in the county you live in on Monday> Do a google search for your county domestic relations court.

 

[Mike703]

In reading the situation, it sounds as if the ex-wife has decided that she wants full custody and is trying to establish that fact. Truth is that she can only do it if you let her. You need to act fast and get some type of temporary visitation agreement in place. At this point, in the eyes of the court, there is no established custodian parent meaning if you happened to pick up the kids and then leave to wherever never to return, then there is not much she can do but file for visitation on her end (which is probably why she is being irrational about your current visitation situation). But the same can be said for her as well. I guarantee that if she can find greener pastures elsewhere she would not hesitate to move the kids (regardless of your thoughts/feelings) to wherever she feels is best for her. So it would be best to take care of the situation as soon as possible. The longer you wait, the less the courts will see you as a responsible and caring parent.

 

[Zephyr]

In reading the situation, it sounds as if the ex-wife has decided that she wants full custody and is trying to establish that fact. Truth is that she can only do it if you let her. You need to act fast and get some type of temporary visitation agreement in place. At this point, in the eyes of the court, there is no established custodian parent meaning if you happened to pick up the kids and then leave to wherever never to return, then there is not much she can do but file for visitation on her end (which is probably why she is being irrational about your current visitation situation). But the same can be said for her as well. I guarantee that if she can find greener pastures elsewhere she would not hesitate to move the kids (regardless of your thoughts/feelings) to wherever she feels is best for her. So it would be best to take care of the situation as soon as possible. The longer you wait, the less the courts will see you as a responsible and caring parent.

dangerous wording there..careful


I think what Mike is trying to say is that neither mom or dad are fully protected at this point until there is an order in place...

 

[nextwife]

Dad, listen to Ohiogal. File first thing Monday (if not today!)

 

[Mike703]

dangerous wording there..careful


I think what Mike is trying to say is that neither mom or dad are fully protected at this point until there is an order in place...

Just a hypothetical statement, if OP is smart, he would not attempt such a thing....

 

[Ozark_Sophist]

Doesn't the dad have the same rights as the mom? Why can't he just pick up the kids?

 

[Zephyr]

Doesn't the dad have the same rights as the mom? Why can't he just pick up the kids?

he can, but then so can mom, and so on, much better to pick them up with some temp orders

 

[Gracie3787]

Does anyone know which form(s) I can file to do this? And in which county I need to now file this in?

Thanks so much!

Go to www.flcourts.org for the forms and other info.

Other sources are:

www.flsenate.gov/STATUTES the divorce and custody laws are in chapter 61

http://phonl.com/fl_law/rules/frcp the Florida rules of civil procedure

http://phonl.com/fl_law/rules/famlawrules the Florida family law rules of procedure

 

[fldadneedshelp]

What is the name of your state? Florida

Last time that I had posted (mid June) was pre-service of divorce papers and I was not being allowed to see my girls.

I have sinced moved closer to where my girls are residing but my wife still is not allowing me to see or interact with my girls.

To give you all a briefing of our relationship, I was the primary caretaker for the girls and the household all throughout our marriage. I worked from home and took care of everything including my girls (now 1 1/2 years old). My wife picked up an took my girls to her parents home where they have been living ever since (for two months now.) In that time I have only been "allowed" to see them for approx 15 hours total.

I have retained an attorney and we filed our answer for the divorce for full custody or my girls.

By all appearances she has done several things wrong according to Florida law.

-She has moved our girls to another county.
-She is residing in an over 55 community which is in violation of her parents deed.
-She has sold several of our marital assets including our vehicle.
-Most importantly she is impeding me from being a father to my girls.

I know what I have been told by my attorney and that we should go after full custody of my girls, which I desperately want; however everyone who I know is telling me that there is no way I will get full custody of my girls as the courts always side with the mother in the majority of cases. I know that this is the general belief amongst alot of people, but is ths true?

Despite trying to do everything the right way and my heart being torn apart in all this, I am just getting my hopes up?

Thanks in advance.