Factors to consider include whether the ex-spouse has moved out of state and if the child is with the custodial parent in a different county.
Dustin D. Peterson, Esq.
Dustin D. Peterson, Esq. 
There are still potential legal actions instead of “Alienation of Affection” that can be taken against a cheating spouse or the third party.
Dustin D. Peterson, Esq.
When someone files for divorce, an Automatic Temporary Injunction (ATI) is filed with the petition to maintain the status quo.