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How do I go about filing an emergency injunction to prevent my wife from moving my children out of state?

Port Saint Lucie, FL |

My wife has decided to leave Florida and take the children with her to South Carolina without my permission. I need to file an emergency injunction to prevent this from happening. Can this be done without filing for divorce? I need to know my options as soon as possible.

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Attorney answers 4


If you are planning on divorcing, I would definitely go ahead and file so that you likely get the benefit of an administrative order that would prohibit leaving the state with the children. Otherwise, you cannot keep them from leaving the state unless you suspect abuse/neglect or something along those lines. Good luck. I would have an attorney file NOW.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.


You need to file for Divorce and an Emergency Motion to stop the move immediately. Good luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272


What is motivating you into believing you should not file for divorce? She is leaving you. She is taking the children with her. She is not only leaving you, but taking the children to another state. She has apparently not made any plans for visitation or for being fair, and so you come across in your query as rather desperate. So explain again why you believe a divorce is not necessary?

It is your choice. You do not have to file for divorce, and you do not have to file legal documents to keep the children in Florida. But as the other attorneys clearly explained, if you want to have a chance of keeping the children in Florida, you must file for divorce and ask the court for court orders that the children must remain in Florida. I am licensed in Maryland and California as an attorney, but not in Florida, however, the same principles apply in MD and CA as they do here in FL. Be wise. Act with decisiveness and act to keep your children with you. If you fail to act with decisiveness while your wife sweet-talks you into believing this is just a temporary thing, after Florida loses jurisdiction to handle child custody matters, then she will probably file for divorce and custody in South Carolina, and then you will have to travel to South Carolina for court proceedings, and you will have to hire an attorney licensed in South Carolina to handle the legal battle. If you quickly file in Florida, then you can make her come to Florida for court battles, rather than the other way around. I suggest you hire an attorney licensed in Florida immediately, and act NOW to protect your legal rights.

Office: (410) 381-1656. This is NOT legal advice, is GENERAL INFORMATION ONLY, and does NOT establish an Attorney/Client Relationship with you because you have not yet retained me, and because you have not provided me with a COMPLETE set of all the FACTS in your legal situation. Therefore my answer cannot address your specific legal situation and you should not rely upon my answer in your legal matter. This answer is provided as GENERAL INFORMATION ONLY, and to assist you in beginning your own research or in finding an attorney to represent you. I am an attorney licensed in Maryland and California. If you want me to provide legal advice, then you must call for a Consultation. If you would like me to represent you, then a Retainer and a fully signed and dated Legal Services Agreement (a contract) will be required. Office: (410) 381-1656. David Mahood, Esq.


You need to file an action as soon as possible. The fastest cause of action is through a divorce and an emergency motion in that divorce action. You don't have to necessarily follow through with the divorce but you need a case that you can operate under.

This response is to an unknown person and is for general information purposes only. Under the terms of AVVO policies, an attorney/client relationship is not formed by the answering of questions posted on a public portal. The attorney answering these questions may or may not have an attorney-client relationship with the opposing party. Other conflicts may exist with the person asking the question. A conflict check must be performed in order for the attorney to determine ifa conflict exists under the Rules Regulating the Florida Bar should the questioner desire to use the attorney's services.

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