Legal Question in Family Law in Florida

First, do you want custody of your son. If you do, take him when you move out and arrange for daycare. Secondly, the custody issue can be resolved under emergency temporary custody, support and possession of marital home/furnishings etc. You do not have to wait until the court decides.

Since he is verbally abusing you, this is considered a form of domestic violence. I suggest you file a domestic violence petittion against him, remove him from your home and then wait for the court to decide.

Remove the child from a stay at home parent and stick him in day care? Why punish the child? Verbal abuse is not sufficient in my opinion to require a restraining order. He has never been vioolent with you. Why escalate things. If you take the child and then don't parent (i.e., stick him in day care where others will do the parenting), in my opinion, you hurt your chances for custody. He is a good father. The courts may allow the primary residence to be there. In any event, you will be involved and have liberal visitation. Not sure why you wanty to move out. You can file for divorce without moving out. If you can stay with someone that may be preferrable. File the papeerwork and let the court decide.