How to move forward

[Manyquestions24]

Jurisdiction

Ohio

Recently, I left my husband with our children in Ohio to move in with my parents in Louisiana due to issues of verbal and emotional abuse(he helped me pack). He has stated that he does not object to my having sole legal custody of our two children and third on the way.

Soon I will be moving to Maryland for work. It has been a month since I left, and I have contacted him repeatedly about child support and to try and work an agreement out, to which he has ignored at every pass. My questions are as follows:

We were married in Texas, lived in Virginia, but recently moved around a lot waiting for my job to start (required a clearance that was taking time), during which time I had no income, and still do not until the end of January.

1) Where can I file for divorce?
2) How can I start the process for child support, as he has provided nothing in the last month and refuses to even discuss the issue, past saying "I will". How can I compel this sooner than later so the children's needs can be met?
3) He is currently staying in Ohio with his brother who has already abandoned a child, and who has been severely abusive towards myself and my children. Can I file a restraining order against him on behalf of my children, so his visitation cannot include the brother?

 

[army judge]

1) Where can I file for divorce?

If you plan to live in MD, you'll have to establish residency first.

MD divorce laws:
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Absolute divorce requires legal grounds for separation. In Maryland the available grounds are adultery, desertion, 12 month separation, cruelty, excessively vicious conduct, certain criminal convictions and insanity. The most commonly used grounds for divorce is 12 month separation.
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Family Law Information - Divorce
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VA divorce laws:
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The dissolution of marriage in Virginia is legally referred to as Absolute Divorce or Divorce from the Bond of Matrimony. Residency Requirement: To file for divorce or annulment, either spouse must be a resident of Virginia for at least six months prior to filing.
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http://www.vsb.org/site/publications/divorce-in-virginia/
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OH divorce laws:
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Residency Requirement: To file for divorce in Ohio, the Plaintiff, filing spouse, must have been a resident of the state at least six months before filing the Complaint. To file for dissolution of marriage, either of the spouses must have been a resident of the state for at least six months before filing the Petition.
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https://www.hg.org/divorce-law-ohio.html
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2) How can I start the process for child support, as he has provided nothing in the last month and refuses to even discuss the issue, past saying "I will". How can I compel this sooner than later so the children's needs can be met?

Child support can be requested as EMERGENCY CHILD SUPPORT in the state where you file the divorce.

Unless you obtain a court order, he's not legally required to pay child support.

3) He is currently staying in Ohio with his brother who has already abandoned a child, and who has been severely abusive towards myself and my children. Can I file a restraining order against him on behalf of my children, so his visitation cannot include the brother?

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Until you have a filed a divorce action, no judge will issue a restraining order against his brother.
However. you don't have to permit unwanted people to enter your home, once you establish residency somewhere.

You're gone, and statistics say these deadbeats won't bother to waste their precious time darkening your door to visit you or those kids, sad for sure, but its normally what happens.

If you're going after child support, be prepared to never receive a dollar.
That means budget for the care of those kids as if HE didn't exist.
Statistics tell us again, He's probably with his new HONEY, and has erased you and the children from his memory.

I suggest you speak with a lawyer when you finally settle into your new home somewhere.
Until that happens, any legal actions aren't going to be useful to you.
Once you're settled into your new home, working, discuss divorce with a lawyer in the county where you'll be residing.

Good luck.