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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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My husband filed for a divorce on April 16th but has yet to

Resolved Question:

My husband filed for a divorce on April 16th but has yet to send me any paperwork. He went through legal aid and lied so was granted a restraint. I transferred to a new job at the end of November and upon my kids request left my children with my mom to finish out the school year. He told legal aide i abandoned my children and left a month earlier than the state law requires to satisfy his claim. He rarely has any contact with my kids and they live with my mother. All their care is either thorugh me with my insurance and job or my mom. What are my options?
Submitted: 7 years ago.
Category: Family Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

You can go to the court and get a copy of the papers he filed. Then you will know what is in them. Additionally, you can file a Voluntary Answer without waiting to be served with the lawsuit for divorce. After that you can request a Temporary Hearing when you can ask for custody and temporary child support as well as temporary spousal support. Alternatively, you can wait until you are served with the divorce papers---which could be months.

Additionally, regardless of what he might have told legal aid, leaving your children with your mother will not constitute abandonment in the eyes of the court.

I wish you and your children the best in 2010.

Please don’t forget that I only receive credit for having helped you when you click on the Accept Button located at my Answer.

Best regards,


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