Can I just take my children and stay with my parents for a little while?

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Can I just take my children and stay with my parents for a little while?

I’m having marital problems. Too emotionally hurt to be around my husband. I told him I’m staying with my parents until today or possibly tomorrow ea(I’d like to stay longer). We have 4 yr twins and he dislikes I’m taking the girls. Legally, can I take some time away from him? He can come see the girls. I just need to figure what I want to do about our marriage and seek professional advice (marriage counselor), that’s if he chooses to as well. I just can’t see his face or let alone try to speak to him, it’s worthless.

Asked on November 26, 2011 under Family Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are still married so you can take your children to live with you. If he wishes to petition for full or partial custody or in combination with visitiation rights, he would need to seek a legal separation from court to follow through with forcing a different living situation. You may also consider talking to a lawyer about support payments being made to your children in the interim.


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