My son-in-law and daughter are married with one son (hers) and one daughter (theirs). Son-in-law has been unhappy with my daughter’s efforts to maintain the house, her anxiety, and medical needs, and has just recently taken her debit card and refused to pay for her prescriptions, for gas to go to daily appointments or to take her son to the bus stop. He buys dinner for himself on his way home from work, but won’t buy her or her son food. He told my grandson today that he would buy him Bojangles if he was good.
What rights does my daughter have in this case? What legal recourse does she have? Is he doing anything “illegal” or just un-ethical? Any other information you could provide or questions to clarify?
His actions could be considered abusive. If they separate, then a court order can be put into place to address these issues, including financial support and custody.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
So if I’m hearing correctly, nothing can be done while she is still in the home? What types of documentation does she need?
He has also referred to their 2.5 y.o. daughter as “retarded” (she’s not). Would documenting this stuff be helpful in terms of custody? He’s declared that he would fight her for 50/50 so he wouldn’t have to pay child support, but he works nights and sleeps during the day. I’m assuming he would fight for custody and then have his mother care for her. He also has a daughter in CA that he pays child support for and when she turned 15 he didn’t even text her, but exclaimed “Woo hooo, only three more years of child support!” You get the idea…
She needs to document events regarding custody and organize it by date. This will be helpful in the event a custody lawsuit needs to be filed and/or she needs to testify.
She will be unable to file for equitable distribution (property division), postseparation support, or alimony until they have separated. Until there is a separation, there is no claim for these issues.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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 only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.