Re: Divorce/custody questions

YorkieonmyPillow · ‎01-13-2013

@chihuahuamom wrote:
First of all, I am aware it is best to hire a lawyer in cases such as divorce or custody. However, my son is looking at an online site called Father's Custody Advocacy (not sure if this is exact title) and can, for a small price, get advice on how to begin. His wife and my son have been separated for about 8 years, but never divorced. they have one child. The child has gone back and forth between them (my son lives with me) during those years. We learned recently the wife has been living with another man and has two small children with him. The child was told to be quiet about it, and was until recently. She is now living with us and going to a school around the corne The mom wants her back. My son is fed up and ready to begin proceedings. The child wants to live here. What do you think of online sites? At least to get advice? I, myself, had a problem a few years ago when I did Legal Zoom, so I am skeptical. Thanks.

I would look into this. As a group, they may be more knowledgeable about custody than a local yokel whom your son could consult just because he or she is "there."

They could also have a referral service, I'd check it out.

Good luck

missy1 · ‎03-10-2010

How could the other 2 kids be kept a secret? Unless they are newborn twins.

Lindsays Grandma · ‎03-10-2010

@Zhills wrote:
One of my co-workers lost his children because, "even though the wife and man were not married, it was a more normal atmosphere for children.!"

Yep, that's what the Judge ruled.....unbelieveable but true!

I am stunned...your co-worker should have taken it to another court, what was decreed by that judge, in my opinion, was wrong.

The moving finger writes; And having writ, Moves on: nor all your Piety nor Wit Shall lure it back to cancel half a Line Nor all your Tears Wash out a Word of it. Omar Khayam

Lindsays Grandma · ‎03-10-2010

I wouldn't waste another day, your son needs to find a good attorney to get custody of his daughter. He also needs to file for divorce, eight years of separation just doesn't make sense. In the meantime his wife is living with another man and has two children with him. For the sake of your granddaughter your son needs to put his life in order so she can have a normal life. Good luck.

The moving finger writes; And having writ, Moves on: nor all your Piety nor Wit Shall lure it back to cancel half a Line Nor all your Tears Wash out a Word of it. Omar Khayam

Cats3000 · ‎10-07-2013

If you "know that it's best to hire a lawyer in cases such as divorce or custody", why are you posting here?

YOUR SON NEEDS AN ATTORNEY, NOW!!!

hyacinth003 · ‎03-12-2010

I don't get why in 8 years, they are not divorced. She has gone on to live with another man and have 2 more children? Sounds flaky all around.

I would think he needs an attorney to get divorced and settle child custody.

Hyacinth

CalminHeart · ‎03-09-2010

I would never trust a website for legal advice or custody advice. Get a lawyer who specializes in family law, divorce, custody.

Your son would have to provide some personal information to receive any sort of information from them. That alone would keep me from using any online source.

Silver Lining · ‎04-16-2010

@missy1 wrote:
There is a gray area in some states. If legal seperation papers (with the court) were not filed, then her son and his "wife" are still legally married. The son could be responsible for child support/etc. of the other 2 kids by his wife.

This is why it it important for the Op son to get a consult.

A tip. Go get a consult with many attorneys in the area, so wife can't use them. (like if there are really good ones)

The couple is still legally married regardless of whether or not legal separation papers were filed with the court.

missy1 · ‎03-10-2010

@Silver Lining wrote:
@missy1 wrote:
There is a gray area in some states. If legal seperation papers (with the court) were not filed, then her son and his "wife" are still legally married. The son could be responsible for child support/etc. of the other 2 kids by his wife.

This is why it it important for the Op son to get a consult.

A tip. Go get a consult with many attorneys in the area, so wife can't use them. (like if there are really good ones)

The couple is still legally married regardless of whether or not legal separation papers were filed with the court.

I never said they weren't. But having filed legal documents, this has established a date they actually separated. Also, having documents on file would have set the groundwork for the divorce. Seperation papers may have temporary orders in place.

Like who pays this, who lives here etc.

With a legal separation date, (new debt after the date) the husband or wife who made the debt would be responsible, and other things. You are telling the court we are doing are own thing on this date and after. The couple may continue with a divorce or get back together. (refile this) Say the op son has been giving the wife non court ordered child support, just to help out. None of this will be credited (without papers filed)

Silver Lining · ‎04-16-2010

@missy1 wrote:
@Silver Lining wrote:
@missy1 wrote:
There is a gray area in some states. If legal seperation papers (with the court) were not filed, then her son and his "wife" are still legally married. The son could be responsible for child support/etc. of the other 2 kids by his wife.

This is why it it important for the Op son to get a consult.

A tip. Go get a consult with many attorneys in the area, so wife can't use them. (like if there are really good ones)

The couple is still legally married regardless of whether or not legal separation papers were filed with the court.

I never said they weren't. But having filed legal documents, this has established a date they actually separated. Also, having documents on file would have set the groundwork for the divorce. Seperation papers may have temporary orders in place.
Like who pays this, who lives here etc.

With a legal separation date, (new debt after the date) the husband or wife who made the debt would be responsible, and other things. You are telling the court we are doing are own thing on this date and after. The couple may continue with a divorce or get back together. (refile this) Say the op son has been giving the wife non court ordered child support, just to help out. None of this will be credited (without papers filed)

@missy1, my mistake, my interrpretation of your brief post was that a couple's marital status can be determined by whether or not legal separation agreement documents have been filed in court.

The detailed information you provided in respose to my comment is pertinent to their situation and extremely valuable! I think it wll be very helpful to @chihuahuamom and her son.