Don't know what to do


#1

Dear notagain:

Greetings. I am sorry to hear about your situation, but let’s see what you can do immediately. 1. Obtain a credit card and charge your attorney fees or ask family for funds for the same. You clearly need an attorney now.

  1. Yes, you may be able to keep your step daughter and obtain custody of her due to his neglect and abusive treatment (mainly to himself it appears). He is clearly unfit to parent at the present time.

  2. Get a restraining order on the account in your husband’s and mother’s name. Get documents showing the funds were deposited into that account (for example the cancelled check for the taxes, the cancelled check for the house, etc.).

  3. You may be eligible for a domestic violence restraining order if your spouse has threatened you or the children with violence and you are scared of him. At this hearing, you can obtain temporary spousal support and child support, if you have the right attorney who knows to ask.

Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

Thank you so much for your advice - you have lifted the weight of the world off of my shoulders by telling me some good news regarding my stepdaughter. I absolutely will NOT leave her in this situation and wanted to make sure that I would have a chance that she could continue to live with me and her brother and stepsister.

I am going to have to ask to borrow the money to speak with an attorney - right now I am a stay-at-home mom. When our son was born (19 months ago) we decided I would stay home with him rather that put him in daycare. I just feel so stuck because I don’t work, he has the money, the truck is in his name, etc. And I remember from when I got divorced the first time that there is some order that would allow me and the children to remain in the house - I just can’t remember what it is called right now. We live so close to where the kids go to school that if I went to stay with any family member, we would be too far away.

My last question is this - I see that you are located in Raleigh - do you represent clients in Durham?

Thanks again for your help!!


#3

Dear notagain:

Yes, Durham is just a hop skip and jump away. I would tell you that you want to try non-litigation (out of court) first. We can also help you with that.

I would borrow the funds or put the attorney fees on a credit card. You want to make sure to hire an attorney with a flat fee, so that you only pay exactly what they tell you up front. Best of luck…and I am glad to be some sunshine on your situation.

P.S. You can stay in the home for as long as you need to. He cannot kick you our or tell you to leave at this time.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I will try to make this very long story short…my husband is an alcoholic - he wanted to stop drinking we went to UNC where they gave him diazepam - he started drinking again. Then a friend of his gave him Valium (that he had found) - so he took that - AND DRANK. He was so out of it that I called 911 - they sent him to the hospital and from there he went to Holly Hill Hospital. He spent 6 days there only to be sober for 2 hours once he got out. Just this past Saturday he went out and “bought” more diazepam.

Here’s the confusing part - we were both married before - he has a daughter who is 13, I have a daughter who is 7 and together we have a son who is 19 months old. His daughter’s mother committed suicide almost 5 years ago - he had custody of her before that. My main question (and the main reason I have stayed so long) is about my stepdaughter. She has begged me not to leave her with him if I leave - she doesn’t want to leave her stepsister or her brother or me. What rights do I have - if any - when it comes to her? I can’t and won’t leave knowing that I would have to leave her here with him - but do I have the right to take her with me if I do leave? Unfortunately, she is beginning to hate him and she can’t stand to be around him. Is she old enough to tell a judge where she would want to live?

As I said before he was married before - when he separated from his first wife he took his money and opened an account with his and his moms name on it - so that she couldn’t touch it. This is so stupid on my part but we have been putting all of our extra money in that account - our $9,000 federal income tax return, extra money that we borrowed for our house, etc. I use that checkbook for all of our monthly expenses - I write the checks and just sign his name to them. He has since taken the checkbook - what rights do I have to the money that is in there? Our other checking account is down to $250 - and that won’t get me far.

I have been a stay at home mom since our son was born - so now I’m in the process of trying to update my resume and find a job - the only vehicles we have are in his name…I feel like such a fool, I don’t know what to do. My main concern is my stepdaughter - I love her the same as if she were my own and I can’t and won’t leave her with him in this condition - and with no access to any money I can’t even afford to go talk to an attorney. Please help me…