QUESTION

What are the florida laws concerning child visitation when the parents are still married but do not live together?

Asked on May 07th, 2015 on Family Law - Florida
More details to this question:
We have not lived together for over 9 months, I have been unable to afford to file for divorce as well as file a parenting plan which he will sign. He claims that he gets the children 50 percent of the time because we are married even though we do not live together and my home has been the main domicile since he left. Please advise if you can. Thank you very much.
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Both you and your husband have equal access to the children in the eyes of the law, since there is no other timesharing (custody) agreement agreed upon or ordered by the court. However, if he is not actually taking the children 50% of the time, he cannot just say he is, in order to lower his child support obligation. Also, since you and your Husband no longer reside together, he should be paying child support. If do not believe that  it is in the best interest of the the children to spend 50% of the time with their Father, you need to file a petition for divorce and request that relief. Please see below helpful forms to file for a divorce and to fill out a parenting plan. You can also fill out an Indigence Affidavit at the courthouse to see if the clerk will waive the filing fee. http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml Best of Luck, Helena Y. Farber, Esq. ~Associate Attorney~ Law Office of Cindy S. Vova, P.A. www.vovalaw.com
Answered on May 08th, 2015 at 6:19 AM

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