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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My Daughter lives in Pensacola Fl, she is married to a Gunnery

Customer Question

My Daughter lives in Pensacola Fl, she is married to a Gunnery Sgt in the USMC who is on pre discharge leave. My daughter is undertaking a college course in Nursing which has 9 Months left to go. Her husband was to stay in Pensacola until the end of August when his discharge would take effect, he was then to take the two children of the marriage to San Antonio Texas where he intended to gain employment with my daughter joining them on completion of her course. when the school holidays started he packed up the house and moved to San Antonio withdrew $5500out of the Bank leaving my daughter $300 to live on for 9 Months, she has a part time job that pays approximately $500 per month. She has now been told he wants to divorce her. what can she legally do giving that she doesn't want to upset the children any more than they are now?
Thanks Mike
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
Mike,Thank you for your question. Please permit me to assist you with your concerns. Before I answer, while I can absolutely understand just how stressful and traumatic any sort of a divorce may be, ultimately upsetting the children may be a secondary concern here. What I can do is provide you with her options and she can then choose to pursue those she deems acceptable. Would that help?
Customer: replied 2 years ago.
Yes it would help, any advice will be appreciated.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your understanding. Legally she can (and probably should) file for three separate concerns right away. First, she would need to file for custody of the children. Right now since custody is co-equally shared, both parents have co-equal rights. It also means that if should he appear and take the kids, she will have no recourse without going to court. As such gaining rights is primary. Second, she should file for child support based on custody. She should not shy away from filing because the funds are ultimately for the benefit of the children and not for her. Third, she should file for alimony, specifically 'alimony pendente lite', which is support paid to a spouse while divorcing but not yet divorced. Since he is financially limiting her, she should seriously consider filing for such benefits to ensure that she is able to care for herself and the children. Sincerely, ***** *****