Shisataa Suzume
Junior Member
What is the name of your state (only U.S. law)? VA
What is the name of your state (only U.S. law)? VA
My brother and sister-in-law are in horrible financial shape- credit blown, can barely make the rent, debt up to the eyeballs despite already filing for bankruptcy once.
He works 6 days a week from early in the morning until 6 at night. She has been unable to hold a job for more than a few weeks at a time over the past several years and does not really contribute financially.
They have been married for a little over 7 years and have a 7 year old child. My brother has decided it is time to divorce his wife and he wants primary custody.
She suffers from a host of mental difficulties, has been hospitalized, and is emotionally and verbally abusive and unstable. She was recently arrested for a felony theft in VA. Sentencing is in a couple of months- she may take the felony conviction and serve no time with probation or serve 3 months jail time to have the charge lessened to a misdemenor (second offense).
Since he has to work so many hours to support the family, she is responsible for getting their child up for school in the AM. Several complaints from school have revealed that she does not get the child up on time, misses the bus, and drops her off on the curb in front of the school (a no no).
Enough is enough. He's done. There is no hope of reconciling. He needs to get himself and his child away from this abusive woman. The problem is, all his family support lives an hour or more away. She is estranged from her family and has alienated them from any friends that can help care for their daughter (One friend filed a restraining order against her!).
VA requires 1 year separation before even filing for divorce. If, once his daughter has completed this school year, can he legally move closer to me and other family (neighboring state) that might be able help care for his daughter during his work hours?
He has indicated his desire to her for a separation and divorce, she in turn said her only option would be to move to FL and take the child with her. Can she legally do this? How can he obtain emergency temporary legal custody until he can file for divorce?
What is the name of your state (only U.S. law)? VA
My brother and sister-in-law are in horrible financial shape- credit blown, can barely make the rent, debt up to the eyeballs despite already filing for bankruptcy once.
He works 6 days a week from early in the morning until 6 at night. She has been unable to hold a job for more than a few weeks at a time over the past several years and does not really contribute financially.
They have been married for a little over 7 years and have a 7 year old child. My brother has decided it is time to divorce his wife and he wants primary custody.
She suffers from a host of mental difficulties, has been hospitalized, and is emotionally and verbally abusive and unstable. She was recently arrested for a felony theft in VA. Sentencing is in a couple of months- she may take the felony conviction and serve no time with probation or serve 3 months jail time to have the charge lessened to a misdemenor (second offense).
Since he has to work so many hours to support the family, she is responsible for getting their child up for school in the AM. Several complaints from school have revealed that she does not get the child up on time, misses the bus, and drops her off on the curb in front of the school (a no no).
Enough is enough. He's done. There is no hope of reconciling. He needs to get himself and his child away from this abusive woman. The problem is, all his family support lives an hour or more away. She is estranged from her family and has alienated them from any friends that can help care for their daughter (One friend filed a restraining order against her!).
VA requires 1 year separation before even filing for divorce. If, once his daughter has completed this school year, can he legally move closer to me and other family (neighboring state) that might be able help care for his daughter during his work hours?
He has indicated his desire to her for a separation and divorce, she in turn said her only option would be to move to FL and take the child with her. Can she legally do this? How can he obtain emergency temporary legal custody until he can file for divorce?