My husband and I have been seperated since November of 2004. I moved here to florida with my daughter in 2005 we have lived here ever since. I sent my daughter up to see him this past may on a verbal agreement that I have her during school he has her summers and we share holidays but recently i bought plane ticket and he did not put her on the plane and doesn't want to send her home what can i do all i want is my little girl home with me she was supposed to start school the 20th and shes enrolled here, I have records showing that she lives here but we are still married and i can't afford another plane ticket let alone a divorce please help.
2007-08-26 08:41:05 · 4 answers · asked by jamig20022003 2 in Family & Relationships ➔ Marriage & Divorce
I agree with first poster.
Never assume anything.
Never trust the other parent during a separation until the divorce decree has been signed by the judge....
You have liven in Florida long enough to establish that is the jurisdiction for divorce and child custody. If you cannot afford an attorney call legal aid or your county bar's legal assistance office. You may be eligible for help. get records from the school showing she attended all of the prior year.
You are in a tough situation and it is only going to get tougher.
Good luck...
2007-08-26 09:01:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
You have a major problem here.Since there is no divorce decree covering custody and obvisiously you didnt get your agreement legally documented, then possession is 9/10ths of the law. Since you two are still legally married you both still have equal custody to her and you did willfully send her up there with no legal documentation covering this visit,he has every right tokeepher up there and there appears little you can do about it at this time. Now since youre legally residing in Florida,you can file for divorce and go for resident custody here before he files up there and then you could have really trouble getting custody across state lines. Hope this makes sense and helps. Good luck
2007-08-26 16:27:44 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
Since you are not divorced, he has every right in the world to keep her there. It doesn't matter what your records show. He has equal custody of her.
There isn't a thing you can do except find a way to file for divorce and custody.
2007-08-26 15:54:35 · answer #3 · answered by allrightythen 7 · 3⤊ 0⤋
Should have gotten the agreement in writing and notarized. You're up a creek without a paddle, with no divorce, no legal custody in place he can keep her there if he wants.
2007-08-26 21:29:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋