Help for mother of 5

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justjess

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I have a friend in a tough situation, VERY low on funds, and in need of a divorce. Unfortunately, her husband has her convinced of all kinds of crap & she's afraid of the "consequences" if she files.

Right now, she is paying the mortgage, the utilities, all medical co-pays (she has insurance through her job, but pays for that too), all school expenses, all expenses related to her child's court ordered program, and all food, without the husband giving her anything to help take care of their five kids.

To make matters worse, she had major surgery in December, so the only income she had up until about one month ago was a disability check that was less than $200 a week. When she asked the husband to sign a document stating that she was currently paying the bills, so that she could qualify for a little help, he refused.

He is using her lack of funds to pressure her into leaving the house and giving up the kids. He tells her that he'll file the divorce as soon as she does that. (But he's made all kinds of offers to file as soon as she complies.... she gives in every time & he doesn't file.) Family & friends have been helping her with grocery money. She has given up conveniences while he's living off his mom.

She feels like she has no hope, so I would like answers to a few questions so I can show her.

Someone, please answer these questions:
1. If she files for divorce, will she be able to stay in the house AND keep him from coming & going as he pleases. (He has been living with his mom for almost a year, but has a tendency to show up at the house at all hours and let himself in).

2. Can she request temporary full custody?

3. Can she request child support from him during the divorce process?

4. Can a visitation schedule be set up to be in place before the divorce is final? (The kids need consistency.)

5. Can she take steps to protect herself from his harassment & false reports?

6. And (I know this is a little out-there), can the courts order them to not badmouth each other to their kids?
 
Someone, please answer these questions:
1. If she files for divorce, will she be able to stay in the house AND keep him from coming & going as he pleases. (He has been living with his mom for almost a year, but has a tendency to show up at the house at all hours and let himself in).
She can certainly request that, but it's ultimately up to the judge.
2. Can she request temporary full custody?
She can also request full custody; however, it's more likely that (depending on the state) the parents would share joint legal custody and possibly joint physical. If she has been the primary caretaker, then she would probably be awarded primary custody.
3. Can she request child support from him during the divorce process?
Yes
4. Can a visitation schedule be set up to be in place before the divorce is final? (The kids need consistency.)
Yes, in fact that's the preferred approach.
5. Can she take steps to protect herself from his harassment & false reports?
Not sure what you're referring to, but she may be able to get a restraining order if the harassment is extreme.
6. And (I know this is a little out-there), can the courts order them to not badmouth each other to their kids?
This isn't at all out-there. It's actually fairly common.

Your friend may be able to find the forms and instructions online. If not, she should be able to get them from the courthouse.
 
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