Saint Augustine, FL asked in Divorce, Family Law and Child Custody for Florida

Q: How do I prevent my wife from moving and taking our son from me? Currently we all live under one roof. She wants to move

We are about to go through a divorce and this is the first action she is wanting to do. She is currently out of town cheating on me so now my focus is me keeping custody of my son. She is saying she is going to move next month now that I've caught her but she's saying she taking my son with her. We both are adamant about him staying with us. I've read that I should file a temporary restraining order. Should I file a tro (temporary restraining order) before she moves or wait until she's actually done it? Which one will help my case the most?

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: It wouldn't make much sense to seek a TRO after she moves and takes the child with her because at that stage you would be seeking to restrain her from doing something she would have already done. Find a family law attorney and file for temporary orders immediately.

Bruce Alexander Minnick agrees with this answer

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