My son lives in Florida with his wife. He wants to come back to Michigan without his wife but does not want to get introuble for abandonment of his children. How can he protect his rights? This is a troubled marriage and he has tried for eight years to make it work with his wife of 1 year. He has no friends or family in Florida, that is why he wants to come home. She is always threatening to call the cops and throw him in jail

Troubled mom

He can divorce her, and seek both custody/visitation, and child support orders, and comply with them to avoid being accused of abandonment.

He can find an attorney in Florida, initiate proceedings and move to another state. If he proceeds legally, there is no restriction to where he would want to move and pursue his life

Can he file in Michigan instead of Florida? Can he just file for separation until he has the money for divorce?

Would it be considered abandonment if he waits to file in Michigan? How long does he have to file for separation and then divorce? I have seen separation websites/paperwork on the internet, are they legally binding?

Also he is the primary care provider for the children as his wife works. Can he collect alimony for the time he spent caring for the children?

Sure he can ask for it but if he gets it, I'm sure it will be at least partially offset by the child support he will be ordered to pay. He must file in the state in which he is a resident. He either needs to do this correctly to ensure the best outcome for his CHILDREN and himself, or leave it alone. A consultation with an attorney would be a good place to start.

Also he is the primary care provider for the children as his wife works. Can he collect alimony for the time he spent caring for the children?

No. Alimony is awarded for after when the spouses are divorced or at least separated. He cannot get it for the when they were living together as husband and wife.

Would it be considered abandonment if he waits to file in Michigan? ...

In most states, "abandonment" means leaving children without an adult to look after them. As far as I know, Alabama is the only state that has attached a different meaning to the term. There, it is the term they use for criminal non-support.

In any case, he will not have abandoned his children if he continues to support and remain in contact with them.

In most states, "abandonment" means leaving children without an adult to look after them. As far as I know, Alabama is the only state that has attached a different meaning to the term. There, it is the term they use for criminal non-support.

In any case, he will not have abandoned his children if he continues to support and remain in contact with them.

Other states include Georgia and Texas that also have it as a definition attatched to parental responsibility.

Ok, first, he can't file in MI until he establishes residency. The requirement is 180 days. If the wife files against him in Florida before he can file in MI, then FL will have jurisdiction.

So he would be better off filing in FL. Since he is the primary caregiver he can ask for custody and child support.

But the big problem is she is likely to get liberal visitation which would keep him in FL. So, if he wants to remain primary custodian to the children he is probably going to have to stay in FL.

Ok, first, he can't file in MI until he establishes residency. The requirement is 180 days. ...

If he wants to ask for custody in a Michigan court, the children would have to be in Michigan for 6 months first.

As I understand the question, having to do with "abandonment", he is not contemplating taking the children with him. So, although it is conceivable that custody be litigated in Florida and all other aspects of the divorce be litigated in Michigan, I don't think the respective courts will go for that.

Clearly I did something wrong by suggesting an attorney consultation. Oops.