How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Chris T., JD Your Own Question
Chris T., JD
Chris T., JD, Lawyer
Category: Family Law
Satisfied Customers: 4829
Experience:  I have assisted many customers and clients with their family law questions and I'm experienced in family law litigation.
Type Your Family Law Question Here...
Chris T., JD is online now
A new question is answered every 9 seconds

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: 1 year ago.
Category: Family Law
Expert:  Chris T., JD replied 1 year 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 1 year 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 1 year ago.

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