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Question

Is it possible to get a temporary restraining order to get sole custody of my children while my husband and I work out custody issues resulting from our legal separation? My husband has been in a treatment program for 12 weeks for Sex Addiction, Major Depressive Disorder, and Mixed Personality Disorder. He had a psychological evaluation in August where he was described as a sexual predator and where the conclusion was that he was on track to become a sex offender. During the small amount of contact I had with his therapist in treatment, it became clear that he has lied to and manipulated his therapist. When I asked about him becoming violent I was told that "the potential is clearly there." He refuses to provide any information about his diagnosis or progress in treatment. Can I get a restraining order until we settle the custody issue in court? I want to make sure my children are safe while in his care, but I can't force him to provide any info on my own. Thank you.

Submitted: 16 days and 1 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Posted by FLACORPLAWYER 16 days and 1 hours ago.

Answer

Actually what you want to do is go back in on a motion on the divorce case and ask for temporary sole custody of the children. I dont think a TRO will be granted here.

16 days and 1 hours ago.

Reply

Initially we used a document preparation service in CA to save on cost because we were in agreement about all the terms of the legal separation. However, just recently he changed his mind about being open and disclosing information about his mental health. Documents have been filed with the court, but I am waiting for the paperwork to be returned with a case number and then he will be served. Do I have to wait to get the paperwork back, or should I hire an attorney now to file a motion for sole custody while it is still in process?

Thank you.

Accepted Answer

If you can do so now, do so. It takes time to prepare.

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Expert: FLACORPLAWYER
Pos. Feedback: 98.0 %
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Answered: 11/5/2009

Attorney

23 Years as attorney, licensed NY and FL. Former US ATTY.

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