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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My daugthers husband recently left her and their 3 kids.

Customer Question

My daugther's husband recently left her and their 3 kids. The children are 2 months old, 2 and 4 yrs old. He has an addiction to online gaming and hasn't paid rent or spent any real time with them in nearly a year. He does nto want the responsiniltes of beign fahter and husabnd, and told her he wants to live alone. (He lives with his father off an on and occasoinally affords himless a hotel). He is phsycally able to work and has re-enlisted in the army full time and is awaiting his orders. Meanwhile, my daughter and the kids are homeless, and have been so since October of 2010. She and the kids have had to resort to driving back anbd forth ebtween family and frineds, but no one has enough room for them. She exists off of food stamps and a few dollars here and here from family.

She wants to file for divorce, but does not have an attorney. Her immediate need is housing for the chidlren. I am the kids grandmother and live in North Carolina. I can provide a home for her and the kids while she puts her life back together. Should I move them here with me and have her file for divorce here, or would it be in her best interest to file in Florida?

She is out of housing options there and needs a place for the kids, but will also need child support. I am worried that it wil be very difficult for her to manage a divorce and support from this man if she moves out of srate. Where should she file for divorce?
Submitted: 5 years ago.
Category: Family Law
Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - Well she can't just move and file for divorce since she is not a resident of NC and would have to wait to establish residency. so she should file for divorce in Florida if she does not want to wait. Until she files she will be in limbo since there is no other way to get a court order for support or custody or anything else.

 

There are certainly free legal services available through places like legal aid and the Bar Association. I have included the website for the Bar below so you or your daughter may be able to find some help. If she to moves to NC she will have to wait until she establishes residency in order to even file for the divorce. In Florida she can file now.

 

Dave Kennett

 

http://www.floridabar.org/

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