Hi everybody,
my soon-to-be ex-wife moved out of the apartment 10 days ago taking our son with her. She sneaked him out behind my back and never returned home. We are going through divorce proceedings, and we were working on a 50-50 time sharing plan when all of a sudden all of this happened. During the days before disappearing she was acting suspiciously, and I now understand that she must have rented a place and prepared it to move in. She also stalled any progress with regards to the planning of the time sharing. My greatest surprise was that when the police came I was told that it is legal for my soon-to-be ex-wife to remove my son from the place he's been living his all life without my knowledge and consent. Reality is that my 2 and a half year old son is gone, and I don't even know where he is, let alone that I don't get to see him. My soon-to-be ex doesn't want to talk to me, and occasionally she allows me to see my son through Whatsapp.
We don't have any court ordered time sharing in place, so my lawyer told me that we can only file for a temporary relief motion with which we ask the judge to set up the time sharing plan for us. The biggest problem with that motion is that, according to my lawyer, it will take months before it goes in front of the judge. My son and I have been together every day since the day he was born, and we have a huge bond as I have been the parent who has taken care of him on a daily basis. Indeed I have been a stay-at-home dad while my soon-to-be ex has been finishing school and just started a new career.
I understand that removing my son from the apartment was legal, but can she prevent me from spending time with him? We live in Florida, and Statute 787-03-2 states that in the absence of a court order, a parent still cannot hide a child from the other parent. Can she be held in Court Contempt for violating this provision?
Also does anybody know of any remedy to speed things up in order to get the case in front of the judge?
my soon-to-be ex-wife moved out of the apartment 10 days ago taking our son with her. She sneaked him out behind my back and never returned home. We are going through divorce proceedings, and we were working on a 50-50 time sharing plan when all of a sudden all of this happened. During the days before disappearing she was acting suspiciously, and I now understand that she must have rented a place and prepared it to move in. She also stalled any progress with regards to the planning of the time sharing. My greatest surprise was that when the police came I was told that it is legal for my soon-to-be ex-wife to remove my son from the place he's been living his all life without my knowledge and consent. Reality is that my 2 and a half year old son is gone, and I don't even know where he is, let alone that I don't get to see him. My soon-to-be ex doesn't want to talk to me, and occasionally she allows me to see my son through Whatsapp.
We don't have any court ordered time sharing in place, so my lawyer told me that we can only file for a temporary relief motion with which we ask the judge to set up the time sharing plan for us. The biggest problem with that motion is that, according to my lawyer, it will take months before it goes in front of the judge. My son and I have been together every day since the day he was born, and we have a huge bond as I have been the parent who has taken care of him on a daily basis. Indeed I have been a stay-at-home dad while my soon-to-be ex has been finishing school and just started a new career.
I understand that removing my son from the apartment was legal, but can she prevent me from spending time with him? We live in Florida, and Statute 787-03-2 states that in the absence of a court order, a parent still cannot hide a child from the other parent. Can she be held in Court Contempt for violating this provision?
Also does anybody know of any remedy to speed things up in order to get the case in front of the judge?
