Legal Question in Family Law in Florida

Re: Thinking about divorce

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If he goes to court and lies by stating that he or the kids are in danger, the judge might give him a temporary stay order requiring you to leave the residence. A formal hearing is then scheduled for a date in approximately 10 days when you will have an opportunity to present your case.

To fabricate these kind of charges is very serious. You should consult an attorney and discuss your legal rights and obligations to try and avoid this happening in the first place.

Scott R. Jay, Esq.

Re: Thinking about divorce

A divorce with kids involved can be a very emotional process. I recommend you both try counseling if you have not done so in the past or at least you begin the counseling process if for nothing else to build up strength and have someone on your side who can advise the court you do not have psych issues should this become an issue. He can apply for a restraining order and may be able to obtain one for a short time on an exparte basis (meaning you were not present at hearing). Then the Judge will set a hearing you are present at (usually within two weeks) so you can expalin your side of the story. If he does do this I would recommend you bring an attorney with you to the hearing. Anyone can file for a restraining order. It is up to the Judge to weed out the dishonest allegations. In a divorce proceeding both of you can request psychological testing be performed which can be costly but would be able to refute his allegations of mental instability. I do recommend you start meeting with attorney's in your area so that if something does happen you know who you want to retain and have their name, number and address available. As for who gets the kids it is based on a best interest of the child standard and I would need a lot more inforamtion to address that issue.