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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 6855
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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My daughter lives in Hammond Indiana. She has been married

Customer Question

My daughter lives in Hammond Indiana. She has been married for last 9 years. HUsband would never allow her to work, or to have a car or friends of her own. Totally bullied her and her girls. They have been living with her husband's father for all of these years. Father in law died this past year. My daughter's husband has not worked for the last several years. He was hooked on opiates. For the last year or so, he now goes to a meth? clinic every morning to get his "suboxin" - still a drug, he's still addicted. Then he comes home and plays video games all day. The little money that his father left him - he blew. Instead of paying their $500 a month mortgage on his dad's home (which would have been transferred over to him, had he kept up the payments) - he instead blew $1500 immmediately on "Google Play" - I have their bank records to show that. 3 months worth of mortgage payments. In the end, they lost their home. Through it, trying to get assistance - they required that they both try to find work. My daughter was elated. She had never been allowed to work! She has been working at Walgreens full time for past 6 months - won employee of the month twice - she's trying so very hard to keep her family afloat - while her husband is still unemployed. His aunt took them in this week, as they wer evicted - but it's only temporary. My daughter wants a divorce. She has finally had enough. Her husband is yelling, fighting, threatening her every day badly. She's mad, and she's scared. They have (2) children together - 7 year old twin girls. He is telling her that if she leaves, she has to leave one of the twins behind. She is not willing to forsake her child! Myself - and the rest of the family, want to help her. I have a big, upscale home here in the suburbs of Raleigh, with room for Kelly and the girls. But we do NOT want to make any move here that will jeopardize her custody of the children. My daughtr can't afford to simply move out on her own - she doesn't make enough money, and he controls the car and won't let her. He has her trapped. Please advise legally what should be done, so that she can get away from him - ultimately to come home to her family here in NC - but doing it RIGHT. Please help!
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Indiana
JA: Has anything been filed or reported?
Customer: no, not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no, except my daughter is not very strong - he has beaten her down for so many years, and she very naive - but she's clean - doesn't smoke, drink, do drugs - she's a good girl, with a clean record
Submitted: 1 month ago.
Category: Legal
Expert:  Irwin Law replied 1 month ago.

Good morning, and thanks for using Just Answer. I am very sorry to hear that your daughter is in such a situation. Indiana, where I live, does not require parties to stay together to reinforce proceeding. He can remove herself and the children from the environment that they are in, and if she has no other place to go beside your home, then she should go there. Taking the car to make that move is a judgment call. From your description of their work situation, she seems to need the car more than he does. She has to tell him that she is leaving and taking the children, so that he doesn't call the police and cause an Amber alert. I wish her the best of luck and I hope she gets everything straightened out

I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

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Expert:  Irwin Law replied 1 month ago.

Hello again. I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated.

Thanks again for using JUST ANSWER.

Customer: replied 1 month ago.
I guess the only outstanding question in regards ***** ***** above is, if she does leave and come home to her family. She would tell her husband she was leaving and taking the children. But what if he were to tell her No - you can't take the girls - and she does so anyway, crossing state lines? Wouldn't that hurt her when legalizing custody?
Expert:  Irwin Law replied 1 month ago.

The court will look at what's in the best interest of the children. No one can predict how these things work out in the end. She has to do what she has to do, and there are no guarantees

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