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Jack R.
Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience:  OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
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This concerns my father. Who has always been a loving and giving

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This concerns my father. Who has always been a loving and giving man. He is married to the devil himself. He is in a relationship where he is physically and mentally abused all of the time. His wife is an alcoholic. She drinks 6 days a week and everytime she drinks she acts out, and hits him, embarrasses him in front of company. She tells his daugther kianna that if he leaves its because he doesnt love her and makes her cry. He has called the police at least 14 times (literally) because of her reckless behavior. She has no job and has been arrested before and has served time in Reckers Island, New York. My Dad wants a divorce and he wants custody of kianna who is 4 years old. He is afraid to leave kianna with his wife in fear that she might do something if he trys to leave. His wife is very unstable. I told him he can stay with me until he gets his own apartment and so I can help him with the divorce and custody for kianna. Can someone please tell me what steps we should take. Thanks.
Submitted: 5 years ago.
Category: Family Law
Expert:  Jack R. replied 5 years ago.

He should contact a local divorce attorney. He needs to prepare to move out of the home. He needs to get his financial affairs in order. This includes terminating all joint credit/financial accounts. He can legally just pick up the child and take her to you apartment. He is the father and he is as entitled to the child as the mother. He can do this in concert with the divorce filing. At some point come an initial hearing will be held where custody, support will be defined while the divorce is process. At this point visitation will be formally assigned.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 5 years ago.
So if he takes Kianni, he wont get in trouble for kidnapping or anything? They live in North Carolina and I live in Texas, so it would be a big move. But he is also concerned for Kianna's safety.
Expert:  Jack R. replied 5 years ago.

As long as no custody order is in place, and he is the father of the child he is free to move the child. He should ensure he has a coipy of the birth certificate and marriage license just in case his wife tries to indicate he is not the legal parent.

 

The mother will be able to file for divorce and ask for the child to be returned, but this will take some time.

 

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Jack R., Family Law Attorney
Category: Family Law
Satisfied Customers: 6147
Experience: OH/TX Mediator and Attorney dealing with Family, Child, and Divorce Law
Jack R. and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
There is no custody established. And I really dont think she would go through all that. Thank you so much for your time.

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