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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience:  25 years experience as practicing attorney
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Good morning I was yesterday told by my huband, to get a a

Resolved Question:

Good morning
I was yesterday told by my huband, to get a a lywer since he want a divorce, sell the house and that he will let me know about the visiting rights for my 5 year old girl.
Married since 28 Dec 2001 in Germany. Live in Georgia since 2007
Here is my side:
I came in 2007 to the States, I am German and have a permanent recident card. I remember that he had to sign a paper for my visa application that he is responsible for me and that I cant be a burden to the US Government. Is this still active? and what that mean? My husband is retiered Military, but still working for the Government (Army). He also receive disability. At this moment i am out of work and have no kind of savings to effort a lywer right now. He told me that I dont have a chance to get my little girl. I overheared a phone call with the morgage agent in which he stated that he want to sell the house.
I also was diagnosed in 2009 with cancer and still need the medical attention. Right now we are insured thru Tricare (Military) with him. If he get the divorce will I and my girl be without insurance?
I dont know what to do at this point, since I have no money to get legal help (he just gave me always enough to get food)
Realy need help
Thank you in advance.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dave Kennett replied 2 years ago.
Dear JACUSTOMER - Your husband may want a divorce but he cannot dictate the terms of child custody or visitation or how your property will be divided. Child custody is based on the "best interests" of the child and not on what the husband wants. The house may have to be sold but you will get credit for half the proceeds and if your husband carries insurance for your child he will be required to continue that coverage. If you cannot afford a lawyer it is likely the court will order that he pay at least part of your legal fees. You have a right to stay in the marital home and he cannot force you out or tell you to leave. If he shows any indication of violence you need to call the police and he will be the one ordered out of the house. We cannot represent clients from this website however you can contact the Bar Association for a referral to a pro bono or low cost attorney. You may also try contacting legal aid in your county for assistance. I have included the website for the Bar Association below for your convenience. Just remember that your husband does not control the situation so don't listen to what he says or do what he tells you to do.
Customer: replied 2 years ago.


Sir, how is it in the case with my health insurance, since I still need the medical attention. I am in remmision ever since the chemo but still need the medication, I know that I can't effort that.


How big are his chances to get our little girl. Not that he realy has the intrest it would be only to hurt me, but he got all his family near. Will it be a problem that i am German. She was born in Germany and has the german and the american citizen ship.


I just know that he will try anything.


I also did not see the bar association link or pro bono, low cost lywer list attached.

Expert:  Dave Kennett replied 2 years ago.

Sorry about the link - I'll try again. As far as custody he can't just demand custody. If you have been the primary care giver it is likely you will get custody and he will owe for support. There are programs available for insurance under COBRA and possible through the military but insurance is a private matter so that will have to be determined as part of the divorce settlement. Under the circumstances you husband may be liable for the cost of your insurance for at least some period of time but I have no way of analyzing the entire case from here. So the insurance would come under the division of property and spousal support issues in the overall divorce settlement. It is difficult to be specific as to one issue in any divorce property settlement since everything in the marriage must be considered. I know the insurance is an important issue but I just can't tell you who will be responsible for your health care or what may be available. Here is the website for the Bar Association.

http://www.gabar.org/barrules/ethicsandprofessionalism/referral-service.cfm

Customer: replied 2 years ago.


I had temp jobs on and off and put the money toward the household, but my husband is the primary income, does that mean he would get the custody?

Expert:  Dave Kennett replied 2 years ago.
No. Income has nothing to do with custody. There are millions of "stay at home" moms in America who have never worked yet they get custody of their children. As I said above, the basis for custody is "best interests of the child" and not who makes the most money.
Customer: replied 2 years ago.


Thank you very much for the information and wish me luck


 


Helen

Expert:  Dave Kennett replied 2 years ago.
No problem and thanks for using our service. Hang in there and don't listen to your husband as to what he can or can't do legally. - Dave
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27687
Experience: 25 years experience as practicing attorney
Dave Kennett and 5 other Family Law Specialists are ready to help you

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