Family Law Questions? Ask a Family Lawyer Online.
Good morning Ruth,I'm Doug, and I'm very sorry to hear of your situation.Your mother sounds like she can be a real charmer at times. That is unfortunate for your father.As your dad has been a citizen for more than 15 years---unless he was an ax murderer before he came to the US, neither the FBI or Immigration are going to be overly concerned that he may not have entered the US legally decades ago. No, he won't be deported.In the even that your parents divorce, you can act as a witness for your father in his bid to be granted primary residential custody of your younger brother, and the fact that your mother constantly emotionally abused all of you will be a big factor in your father's favor and may well be the key to showing that the best interests of your younger brother will be for him to live with your father. I'm afraid that the age at which the court will generally give some consideration tot he wishes of a child in terms of which parent they will live with is 13 or 14. the wishes of a 10 year old likely will not be considered by the court. However, with all the other evidence you have---including your mother's multiple statements of not wanting the 10 year old---I don't think that your father will need his son's help in getting custody.You father will need to file for divorce and get the process started. You can show him this information about the process:
In order to force your spouse to relocate from the marital home, or to pay support either for yourself or your children, it will be necessary for you to file for divorce. After doing that, you will want to ask the court to set what is known as a Temporary Hearing. A temporary hearing is a court proceeding held soon after the filing of a divorce action and allows the parties to ask the court to issue orders affecting the other party that will remain in effect, typically until at least the time of the divorce decree.
At that hearing you may ask the judge to order your spouse to move from the marital home, to grant you primary residential custody of your minor child, as well as for an order that your spouse pay you child support, until at least the entry of the divorce decree.
This is a very critical hearing to ask for. This hearing is not automatic, and if your do not request it, it may never be held. Another important thing to consider is having a local Family Law attorney assist you at this hearing. What occurs at the Temporary Hearing often signals what will happen after the divorce, both in terms of child custody and child support. It is important for your future that you do well at the Temporary Hearing. Presuming that you are granted the role of the primary caretaker of your child, you can expect that the judge will make the temporary order such that you and the children will remain in the home and your wife move out. In terms of child support, with 1, you can expect the court to award you approximately 18% to 20% of your spouse's monthly income for child support.
You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.I wish you the best in 2012,Doug
My mother is a stay at home mom and does not have a job. My dad is looking for child support just to leave in peace. Will he have to pay alimony if he has custody of my brother? Or do they just split the assets in half?
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