Child Custody & Visitation Still Married
by Bri from Florida
Hello, I am still legally married but, my husband and I have agreed to split time 50/50 with our 3 children ages 6, 7 and 10.
The children have been a witness to the things he has said and done to me over their lives.
He has been told by a counselor that he is bi-polar and needs to see a psychologist for meds- but refuses because, he says I'm his issue.
Well they are now way too scared to go to his home for his agreed week.
Because we are still married and have no legal ties can they choose what they want and can I legally allow them to stay with me if that is their choice? Thanks a bunch.
Answer to Florida Custody & Visitation Question
The only way I know how a married Pro Se can ask for a formalized parenting plan and time-sharing schedule be ordered is through a divorce petition.
Once you file for divorce, you can file a Parenting Plan
Although, judges would prefer that parties agree on a Parenting Plan, and file them jointly, you can file it yourself as a proposed plan.
If the children are afraid of him, I, personally, would listen to the children. They may be telling you only bits and pieces of their reasons.
My suggestion is that before you decide that your children don't need to go to his home anymore, due to your ex's behavior, file a Parenting Plan.
In addition to the regular Parenting Plan there is also a form for a Supervised Visitation Safety-Focused Parenting Plan
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