My husband is in Texas with our infant daughter...he has agreed to return her to me and give me custody with open visitation for him to visit her, and to pay 22% of his monthly take-home to me in support while we are "separated" so we can decide if/how to move forward in our marriage.

UNFORTUNATELY...in Florida there is no such thing as a "legal separation"...you are either married, or divorced. I want to protect my daughter and somehow get in writing the conditions of the separation so if they are not upheld, I can take legal action.

I have found something in Florida called a "Marital Separation Agreement" but question if I can use it in court or to enforce what is agreed upon.

Any help, advice or insight would be helpful!

My husband is in Texas with our infant daughter...he has agreed to return her to me and give me custody with open visitation for him to visit her, and to pay 22% of his monthly take-home to me in support while we are "separated" so we can decide if/how to move forward in our marriage.

UNFORTUNATELY...in Florida there is no such thing as a "legal separation"...you are either married, or divorced. I want to protect my daughter and somehow get in writing the conditions of the separation so if they are not upheld, I can take legal action.

I have found something in Florida called a "Marital Separation Agreement" but question if I can use it in court or to enforce what is agreed upon.

Any help, advice or insight would be helpful!

Where did you find the marital seperation agreement at?
I believe I know what you're talking about, but I have to go out of town to visit my son tomorrow AM, so I'll try to look it up tomorrow evening and post again.
Xena

Xena....here is some info. on it

Marriage Separation Agreement - FL (http://standardlegal.net/separation-agreement/Florida-Separation-Agreement.html)

Xena....here is some info. on it

Marriage Separation Agreement - FL (http://standardlegal.net/separation-agreement/Florida-Separation-Agreement.html)

I don't believe that will work. But I did check on some things- in Florida you can file for CS and custody WITHOUT having to file for a divorce. Go to www.flsenate.gov/Statutes/ Read chapter 61. Especially 61.09 and 61.10.

You can get the forms to file for support unconnected with dissoloution at www.flcourts.org/ click on family law forms.

Hopefully this will help, and it'll be alot cheaper than buying some software.
Xena

Thank you Xena....I have downloaded the form for Petition for Support Unconnected with Dissolution of Marriage w/Dependent Minor Children

Still seeking something for custody/custodial parent agreement

Thank you Xena....I have downloaded the form for Petition for Support Unconnected with Dissolution of Marriage w/Dependent Minor Children

Still seeking something for custody/custodial parent agreement

My guess is that the custody will also be a part of the CS order, because there will have to be a custdial parent or primary custodial parent listed to be the parent who recieves the CS. Let me know if you happen to find anything.
Xena :)

I assumed that as well. I have printed the petition and the required documents that would have to go with it. I assume I can simply take all this to the city clerk's office to submit it.

I assumed that as well. I have printed the petition and the required documents that would have to go with it. I assume I can simply take all this to the city clerk's office to submit it.

Yes, you file the originals with the clerk, and send copies to be served on your husband. Be sure to keep copies for yourself too.
Xena

Yeah....thank you so much for your help. If I go this route, I need to find out what the Texas Sheriff's office requires in copies/fees in order to serve him is also my understanding.

Yeah....thank you so much for your help. If I go this route, I need to find out what the Texas Sheriff's office requires in copies/fees in order to serve him is also my understanding.

That's correct. After he is served, you will get a paper back from the Sheriff, called a return of service. You will need to file the original with the clerk of court and keep the copy for yourself.
Xena :)