What is the name of your state (only U.S. law)? Mississippi & Arkansas
My wife(?) was first married in Mississippi during 2001 at the age of 18.
In 2002 she had her first child.
She filed for a no fault divorce in 2006 with the help of her grandmother (whom she was raised by).
Early 2007 a relative noticed bruises on the child. After a child abuse case, her (separated) husband was ordered to pay $300 monthly child support and all custody of their child was taken from him.
In April of 2007 she was fired from her 5.5 year job and was forced to move back in with her grandmother. Also, her (separated) husband was placed in intensive care due to a near fatal automobile accident caused by his drunkenness. This left him blind in both eyes.
In April of 2008 grandmother was trying to collect money from my (soon to be) wife for bills which my (soon to be) wife was not able to afford. Her grandmother forced her to leave and the only place my (soon to be) wife was able to stay was not kid friendly. Grandmother was consent with the child staying there, until my (soon to be) wife could get back on her feet.
A week after the transition grandmother filled for full custody of the child due to abandonment and won.
In June of 2008 grandmother said she could not handle the child full time and allowed him to stay with his mother and I ever since.
Grandmother refuses to sign custody back over to the child’s mother and has even threatened to take him from her if my (soon to be) wife didn’t bow to grandmothers needs (house cleaning and whatnot).
August of 2008 my (soon to be) wife and I conceived.
On May 5th 2008 we decided it would be best to get married before the child entered this world. The two of us, plus her child (my now step-son) made a trip to Arkansas to get married.
On May 8th we had a beautiful baby boy with my last name and my wife using my last name on the birth certificate.
We did not tell her grandmother about the marriage. She told us she was against it because the first marriage didn’t work out. We were fearful of grandmother taking away my step-son.
On May 25th, grandmother found out we were married and called us screaming about how my wife is still married to her first husband.
My wife called her first husband and he was also under the understanding that they were divorced. He said he was willing to sign the papers necessary to remedy this situation.
My wife truly thought she was divorced based on what her grandmother told her, her first husband loosing custody and paying child support, and when he was on life support after his accident, the doctors didn’t ask her about pulling the plug they asked his mother.
What steps do we need to take to keep us out of imprisonment, and not lose custody of our newborn if grandmother tries to collect this child also?
I know bigamy is a felony in Mississippi and a misdemeanor in Arkansas.
Sorry for such a long post. Any advice will be greatly appreciated.
My wife(?) was first married in Mississippi during 2001 at the age of 18.
In 2002 she had her first child.
She filed for a no fault divorce in 2006 with the help of her grandmother (whom she was raised by).
Early 2007 a relative noticed bruises on the child. After a child abuse case, her (separated) husband was ordered to pay $300 monthly child support and all custody of their child was taken from him.
In April of 2007 she was fired from her 5.5 year job and was forced to move back in with her grandmother. Also, her (separated) husband was placed in intensive care due to a near fatal automobile accident caused by his drunkenness. This left him blind in both eyes.
In April of 2008 grandmother was trying to collect money from my (soon to be) wife for bills which my (soon to be) wife was not able to afford. Her grandmother forced her to leave and the only place my (soon to be) wife was able to stay was not kid friendly. Grandmother was consent with the child staying there, until my (soon to be) wife could get back on her feet.
A week after the transition grandmother filled for full custody of the child due to abandonment and won.
In June of 2008 grandmother said she could not handle the child full time and allowed him to stay with his mother and I ever since.
Grandmother refuses to sign custody back over to the child’s mother and has even threatened to take him from her if my (soon to be) wife didn’t bow to grandmothers needs (house cleaning and whatnot).
August of 2008 my (soon to be) wife and I conceived.
On May 5th 2008 we decided it would be best to get married before the child entered this world. The two of us, plus her child (my now step-son) made a trip to Arkansas to get married.
On May 8th we had a beautiful baby boy with my last name and my wife using my last name on the birth certificate.
We did not tell her grandmother about the marriage. She told us she was against it because the first marriage didn’t work out. We were fearful of grandmother taking away my step-son.
On May 25th, grandmother found out we were married and called us screaming about how my wife is still married to her first husband.
My wife called her first husband and he was also under the understanding that they were divorced. He said he was willing to sign the papers necessary to remedy this situation.
My wife truly thought she was divorced based on what her grandmother told her, her first husband loosing custody and paying child support, and when he was on life support after his accident, the doctors didn’t ask her about pulling the plug they asked his mother.
What steps do we need to take to keep us out of imprisonment, and not lose custody of our newborn if grandmother tries to collect this child also?
I know bigamy is a felony in Mississippi and a misdemeanor in Arkansas.
Sorry for such a long post. Any advice will be greatly appreciated.