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.
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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.
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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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