Legal Question in Family Law in Florida
My wife has not been staying at the house for little over a month and coming and going when she wants. During this whole time I have been taking care of the kids. It has come to my understanding that she it getting her own place and plans to change the children school is their any way I can get a temporary injunction from her doing this? If so what do I need to file?
2 Answers from Attorneys
My suggestion is to decide whether the marriage is over. If it is, file for divorce. While custody issues can be addressed without filing for divorce, there will be much duplication of attorney work/fees if it is done separately.
I suggest that you pursue either approach before she tries to remove the kids.
If you anticipate retaining counsel, if possible, I suggest doing so at least a week before she makes her move.
The above information is provided without any consideration having been received, and without full knowledge of all of the facts.
An internet inquiry is no substitution for an in-office consultation with an attorney.
If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Dunedin, with a satellite location in Tampa.
Feel free to Google me.
Good Luck, Elliot Goldstein
Law Offices of Elliot Jay Goldstein, P.A.
You can file a Petition for Custody and an Injunction to stop from removing the children. However, since she is not staying at the home, I suggest you file for immediate divorce and custody, child support and alimony.
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