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homercup · Jul 19, 2010, 10:07 AM

I live in Florida and currently live with my wife and 2 children. My wife is threatening divorce and maybe moving to another state with our children. Is she allowed to do this without my consent? What if she does one day? What can I do? Also, she has told me that I need to leave - so far I haven't and don't want to, unless things get unbearable. Is there anything negative that can happen if I leave, albeit temporarily, to reduce the tension at home where the children are and to clear my head? Is this considered abandonment? If I was to leave, I'm afraid I won't be able to return to the house.

JudyKayTee · Jul 19, 2010, 10:09 AM

Don't do anything without consulting an Attorney. This can be a tricky situation.

You both have equal custody - yes, she can pick up and go. You will then have to fight for visitation.

I would consult with an Attorney now - if you are both this unhappy, file for divorce. Once you file she cannot move.

homercup · Jul 21, 2010, 05:13 AM

Thank you for getting back with me so quickly. I appreciate your time. You mention 'equal custody' - I am a very involved parent and am worried about access and visitation, as it looks like my spouse is going to file for divorce today. Thinking ahead a little, I don't have any problem supporting my kids, and in fact, want to. What are the factors that decide the custody arrangement. Judging by the tone of my spouse, I am not expecting this to be an easy battle!

ScottGem · Jul 21, 2010, 05:30 AM

First, please pay more attention to posting guidelines. There is a Read First sticky at the top of the Divorce forum that refers legal questions to this forum, where I moved your post.

Abandonment is grounds for divorce, not a law that can be broken. If she files for divorce and moves out then abandonment is not an issue.

You really need to consult a divorce attorney NOW! You need to protect marital assets from her looting them. You may need to file a restraining order preventing her from moving out of the area pending the results of the divorce. Act now before she has moved away and getting visitation will be much harder.

As Judy said, you have rights as the father, but you have to protect them. The likelihood in a divorce is that she will get primary physical custody and you will get visitation. However, if you act preemptively preventing her from moving and she wants to move out of the area, you could wind up with primary physical custody.

There are lots of issues you need to be aware of and prepare for. More than we can go into here. That's why its important that you see an attorney TODAY!