I know someone who bought a "divorce kit" from office max & was easily divorced. But everything was mutual there. My boyfriend & his soon to be ex-wife are trying to get a divorce, but she's not wanting to agree on anything. They have 1 child together. That's the only issue. No property or vehicles or anything to fight over. She stays in jail. She got out this past November, after service 2 years. After she got out (to be an ***) she signed HER rights over to her brother. Now she's BACK in jail, facing 4 more years. He can't afford a lawyer. Since she signed her rights to her brother & he's signed NONE of his rights away, cldnt he legally go get his daughter? And since she has no rights to her now, can't he file the papers so that he has 100% custody & her have to sign them? She's in jail, she can't do too much. Any help would be appreciated. Thank you.
2006-07-08 19:53:00 · 9 answers · asked by Me in TN 2 in Family & Relationships ➔ Marriage & Divorce
I'm not a "new girlfriend". We dated for 6 1/2 years, then broke up for 8. He moved on with his life, got married, got on drugs, she got put in jail, he started loosing everything then started trying to straighten his life back out. He reached out to me again, hoping we would work things out because he said he never stopped loving me. We've been back together almost 2 years now (his "wife" was in jail most of the time) His daughter was staying with his mom, while he got back on his feet, after having lost everything. And his mother is on probation for a felony (though she's a good person, that was a mistake), so his wife went to children services & had them put their daugher with her brother (since my boyfriend doesn't have a 2 bedroom home @ this time & can't support her very well, until he gets straightened out)
2006-07-08 20:02:44 · update #1
Most Courts have a Family Law Facilitator's office that are designated to help people prepare documents for filing. He should go to the Court and request an Order to Show Cause or Motion for Child Custody and Visitation to seek an order for 100% custody of the child. In the meantime, he may want to call the authorities if there aren't any orders in place as to custody and visitation with the brother. Just because she signed over her legal custody of the child to her brother, does not mean he has the right to visitation. He would simply become the legal guardian and could exercise his right to challenge the father in court. Courts generally favor children being under the custody of their biological parent.
2006-07-08 20:07:40 · answer #1 · answered by Kitt 2 · 0⤊ 0⤋
Everything you're asking can be answered in a free consultation of an attorney. The states differ so you need to ask in the right location. No one can have custody of a child without legal papers from a judge. Your b/f would be able to get a divorce rather cheap if his wife is in custody at prison. Also, the divorce kit won't help him because he has a child, and even though his wife is in prison, she's going to have her say to try and make him miserable.
2006-07-08 20:07:05 · answer #2 · answered by msthinkpositive 5 · 0⤊ 0⤋
You do not always need a lawyer to divorce, its a common misconception. An uncontested (agreed upon) divorce does not require a lawyer, you can do it yourself. You would prepare papers (or have them prepared), file them at your court house and serve a copy to your spouse. You then will wait the required waiting period (if any) as ordered by your state, and you'll receive a final divorce decree by mail when the divorce is finalized.
2016-03-26 22:20:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He can petition the courts for custody. Contact your local DCF too, they may be able to step in right away and place his daughter with you all. When she was arrested their daughter should have gone into your BF custody so it sounds like there's a little more to the story. And yes you can go to your local court house and get all the paperwork you need. In the event she wont sign the courts can still grant the divorce, you don't need an attorney he can represent his own case to the judge
2006-07-08 20:01:21 · answer #4 · answered by CLS 1 · 0⤊ 0⤋
You have a very complicated case because there are more than the two divorcing...Best you get help from an agency that deals with child custody...
2006-07-08 20:02:21 · answer #5 · answered by Barbarita 2 · 0⤊ 0⤋
Why would a woman get involved with a guy with a young child? Should all his attention be directed towards that child and not a new girlfriend?
2006-07-08 19:58:42 · answer #6 · answered by Doug 2 · 0⤊ 0⤋
If she's in jail and he has no issues then why doesn't he have the kid now? He has EVERY legal right to get the child. So, to answer your questions.... yes and yes. Good luck:)
2006-07-08 19:57:50 · answer #7 · answered by heidielizabeth69 7 · 0⤊ 0⤋
Mutually through friends of both or through parents. Get consent letters /give consent letters mutually.
2006-07-08 19:59:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
get a lawyer.
2006-07-08 19:58:52 · answer #9 · answered by citisat 3 · 0⤊ 0⤋