Legal Question in Family Law in Florida
Can an injunction be filed against the boyfriend of a cheating spouse for the children when the boyfriend has threatened to kill himself several times in text messages sent to the cheating spouse? The wife has already exposed the children to the new boyfriend and the husband does not want his children exposed to someone who is unstable. The husband has copies of the texts from the phone company.
1 Answer from Attorneys
You can file an injunction against someone has has committed a crime (including a threat, which is an assault) against you, or you can file on behalf of your children if the crime was committed against your children. Since he hasn't committed a crime against you or your children, an injuntion wouldn't apply.
If you file for divorce, you can ask that your wife's timeshare with the children be restricted or eliminated so long as she allows him near the children. You could even ask that her timeshare be eliminated or restricted based on her bad judgment for being around the guy. It would then be up to the judge.
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