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  1. #1
    jpinto is offline Junior Member
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    Question Father seeking joint custody

    My self and my wife and two children have resided in Florida for a year and a half. My wife has chosen to leave me for another man. She has relocated herself and our two children ages 8 and 11 out of state, without my consent, to live with a man she had known for about three months. I by myself have limited financial means due to continuing to pay for joint marital assets. This has left me practically indigent and forging through the system to represent myself prose. I want to start a custody petition without filing a dissolution of marriage petition (if she wants to she can pay for that), and have the children returned to me and their home here in Florida. This had happened end of school year last June and I have finally just raised the funds to pay for the filing and service fees.
    My question: There seems to be no specific form for "custody". Under the self help custody section all the forms seem to revolve around filing for support of some sort. The children are currently with their mother living in this mans house. I need to start an action by which a judgeicon or the court would decide how "custody" and or a visitation schedule should be assigned and that she would have to respond to. Hopefully she would have to return the children to the courts jurisdiction. I'm willing to take primary or even joint custody of our children but I cannot stand the thought of a complete stranger raising my kids primarily!
    Can I just petition for custody without having to petition for divorce? If you could point me to the correct forms I would greatly appreciate your time and consideration on this matter.

  2. #2
    Attorney Howard Iken's Avatar
    Attorney Howard Iken is offline Administrator
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    Default custody forms

    You need to file:

    Petition for Dissolution of Marriage
    UCCJEA Affidavit
    Notice of SS

    There is no independent procedure for custody-only.

    Because the children have been away for months in another state - you have a legally complex situation. Self help may not give you the results you need.

    Attorney Howard Ikenicon
    Divorce Attorney

  3. #3
    jpinto is offline Junior Member
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    Sep 2008
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    Attorney Iken,

    Thank you for your time and attention and expertise on my matter. This is a very valuable service you are providing. I have just run into a lot of misinformation out there coupled with lack of funding as I described above. I seem to have run out of options in my case.

    Thank You Sir for your help.

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