My daughter's marriage of 9 years is on the brinks of divorce. She is bipolar and her medication was not working. She was out of control. She recently spent over 30 days in the hospital and the new medications are working very well. Before she went to the hospital she was threatened with divorce unless she admitted herself which she did. Her husband told my daughter that he would go to counselling and Retrouvaille when she was released and he has backed out on this. He did go one time to counselling and then gave up. They have 4 children 2 children from his first marriage and then my daughter and he had 2 more. Her husband asked me if she could stay with me when she gets out of the hospital because he thought she needed some time before returning home. So I agreed and she has been living with me since her release.
He now will not let her return to their home and says if she comes home he will move out and take the 4 boys. However she takes care of the children while he works and she does all the cooking, shopping etc and spends most of her days at the house and her mail comes to their house. I suggested to her husband that she go home and sleep in the guest bedroom which is downstairs. I already told you his answer he will move out if she lives there.
I have several questions.
What are her rights in this situation?
If she does not live in their house would that be considered as legal separation
Can he move out and take the children?
Financially he can't afford to move out, pay the mortgage plus all the bills.
Do you have any suggestions given that she wants to stay married in hopes of reconciling; however she wants to protect her assets(1) her house which has lost too much value(underwater)
2. Her husband is creating a "child visitation schedule which makes her feel like she is already separated.
My daughter has been living with me for 23 days.
Can he keep her out of the house?
Can he make a "child visitation schedule " they are still married.