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Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4779
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
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My daughter and her husband are separating and she wants to

Customer Question

My daughter and her husband are separating and she wants to bring her and her son to live with her parents as neither parent are presently employed. He is threatening her with taking their son. The child has disabilities and is currently getting financial help. What should her first steps be. Father is not allowed at her parents home because of personal reasons. The welfare check is in father's name but he has not worked in over a year and she just lost her job from new year cut backs. How does she go about getting all his records in her name? She just needs to know what steps to take. Father is also not allowed at his own families house and has no mode of transportation. Also is on probation in Johnson County.
Submitted: 11 months ago.
Category: Family Law
Expert:  Chris T., JD replied 11 months ago.

Hello. I'll be happy to assist you.

The FIRST thing she needs to do is file for divorce. When she does so, the process of setting up rules of who can have the child, where and when will be established. Until you do that, either parent can have the child, and there are very few rules regarding who, where and when. Assuming she's named the primary custodian, then she can go about getting records in her name. She'll just need a copy of the order establishing her as the primary custodian and then go to the different places where the records need to be changed to her name.

Expert:  Chris T., JD replied 11 months ago.

But, none of that can start until she files for divorce. Until the courts are involved, she has very few enforceable rights as it relates to the child. She needs court authority to do what she needs to do, and the only way to do that is to file for divorce.

Expert:  Chris T., JD replied 11 months ago.

Do you have any questions? If so, feel free to ask. If not, please remember to "Rate" my answer before you go.

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