I am doing research for a friend of mine... he is not computer saavy, but I hate what he is going through, so I thought I would try and help him.

Here is his story.

His wife left Florida a couple of months ago and took their two small kids with her to KY. He sends the required child support to her, but she won't let him hardly talk with the kids.

He pays her phone bill and knows that she has been talking extensively with other guys, and has in the past had affairs.

This is not the first time she has left him, and this last time she took all the money in the house, forcing my friend to have to move back in with his parents because he couldn't pay his rent.

He has not been physically violent with her... the bottom line is that he fell out of love with her because they "had" to get married. She couldn't stand living there if he wasn't in love with her, but he said he was trying for the kids sake... she couldn't stand it and moves out and away all the time.

Now, to my question... he wants very badly to get his kids back, or at the very least make her move back to FL with them so he can see them. He doesn't have much money and is working desperately to get his own place again so he can have the kids.

What are his/her rights... does she a right to just take off with the kids to another state and live... does he as the father have any rights?

He has decided this last time when she left and found out she was cheating to file for a divorce, but he wants to know how he can get his children back.

When she is up in KY, she runs around with her boyfriend leaving the kids with her father who is an alcoholic, his live-in girlfriend has a 17 year old criminal son living with them... such a sad situation.

I am in fear of the boys safety and want desperately to help him in anyway I can.

Please tell me what information I need to help him get his boys back to FL.

Thank you so much!

He needs to get a divorce atty. With a situation like this an atty is the only way to go. The atty will file for divorce in the proper jurisdiction. And also file for custody, documenting the mother's unfitness because of lack of care for the kids.

I'm going through a similar situation. He can file for divorce. You will get the kids. Normally the judge will make his decision based upon what is best for the kids. If your friend looks like he's the one with something better to offer than his estranged wife... then he will get them.

I am no expert but I would first find somewhere to rent, then talk with an attorney about going and bringing the children back to Florida while the mom is out. As long as they are married, he has as much right to the children as she does. If her father is an alcoholic then he should have no trouble getting them out without anyone knowing. The next thing I would do is file for divorce in the state of Florida and temporary custody until the divorce hearing.

Sorry, but in 2000 I went through a divorce and my lawyer had told me if I took the kids out of state that my then husband could come and take them because we were still married. He said he had as much right to them as I did. I then immediately petitioned the court for temporary custody until our divorce hearing. I thought they were still married. Maybe I was ill advised. Can you cut me a little slack I did say to talk with an attorney about going and bringing them back. I definitely don't want to give advice that could get someone into trouble.