If you already have a court order governing time sharing then you would need to petition the court to relocate or receive your ex's written permission to do so. Florida statute 61.13001 governs relocations and provides that you cannot move your child more than 50 miles from your principal residence at the time the court order was entered.
If there is no court order and no pending custody matter then you would likely be able o move without his consent or a court order. I need more facts to...
You are entitled to get the ring back as it was a gift conditioned upon the marriage taking place. You may file an action for replevin (return) of the ring or otherwise sue her for the value of the ring if she has already sold it or disposed of it.
He should absolutely have shared this information with you immediately. However, his every other weekend time-sharing (plus one weekly overnight) is pretty close to as little as can be expected.
I would need much more information in order to gauge whether it would be a good idea for you to file a case. For example, I would need to know the source of your daughter's cutting, what is causing it, is it the father, etc?
The burden to modify a Final Judgment is very high, and it would...
It is almost never a good idea to move out of state with the children. Your ex can and will petition for a pick up order and/or for the children to be returned to Florida and it is likely that it will be granted.
If you do not notify your ex of your children's whereabouts then your ex will have even greater justification for their return to Florida.
You should consult with a lawyer regarding this matter before you decide to move.
It is highly unlikely that the Court will grant a relocation in your case because your children have spent half of the time with him since your separation.
It is highly likely that the Court would order the return of the children in the event you moved without your Husband's permission and he asked the Court to enter an order returning them.
You should consult with an attorney to discuss in detail the drug and alcohol abuse issues and any potential relocation or divorce filing.
Until he establishes his custody rights your daughter is considered the sole guardian of the child and is entitled to primary residential responsibility under the Florida guardianship statutes. She should act quickly to obtain a child pick up order.
I agree with Mr. Mulligan. You can get divorced even if your spouse objects. The most that your spouse can hope for is that the Court will order marriage counseling. However, it is not guaranteed that the court will order counseling. If you still maintain that your marriage is irretrievably broken after the counseling, then the Court must grant your divorce.
I offer a free consultation and would be happy to discuss the divorce process and your legal options with you.
I would obtain his employment records directly from his employer, including any email communications between your spouse and the HR department and/or your spouse and his boss. If that request yields useful evidence then, in the event of a hearing, the Court would likely render an order finding that he is voluntarily unemployed and would impute income to him at the level that he was earning before he resigned.
If he retired then my answer to this question would change.
I offer a free...