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What is it called when married but seperated, and ou want to file for some sort of visitation order?

Jacksonville, FL |

I am not living in the home. We have established a child support. However I want to establish a visitation ( because we always are not always civil of course) and want to guarantee seing them. would this be paternity and other relief, establishing temporary time share anmd parenting plan or osome other?

Attorney Answers 4

Posted

There is no such thing as a legal seperation in Florida. While you can get support in Florida unconnected to a Dissolution of Marriage, you genearlly can not get a Parenting Plan with timesharing unconnected to a Dissolution of Marriage. IF the two of you agree, you can sign a Joint Parenting Plan with a timesharing schedule. If either of you refuses to follow it, then you can file for divorce, file the agreement with the Court and ask the Court to ratify it. IF you can not agree on the schedule, then you need to file for divorce. As long as you are married you and your spouse have full equal rights relating to the children.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship

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Posted

It's called time to file for divorce. Though it's possible to file for "separation" in Florida, it's called something different, and it only aalows for child support or alimony. It doesn't allow for timeshare (custody and visitation), and the judge can't declare you legally separated. If you want enforceable, court-ordered timeshare, you have to file for divorce.

The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!

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Posted

Agreed. You need to file for divorce.

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Posted

I understand that sometimes you are not ready to file for divorce so you hope to handle your child related issues without having to take that final step of filing for divorce. However, as the other attorneys have indicated, you may file for child support unrelated to dissolution of marriage. However, if you want to have timesharing formally established, then you need to take that difficult step and file for dissolution of marriage. With having that formal timesharing plan, you eliminate the difficulties that you may face with an informal arrangement (i.e. the other party deciding not to allow you your timesharing that had been promised). As difficult as it may be, I agree with the other attorneys that perhaps it is time to take that final step and file for divorce.

In answering this questions, the attorney is not establishing an attorney client relationship. This is a response to a general legal question.

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