brandg
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Reged: 05/12/08
Posts: 7
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I've got a friend who was evicted from her house by her husband, so that he could move his girlfriend in. Now she's living with friends, caring for her child as best she can, with no support from the father. He has legal representation now, and is trying to take custody of the child. But given that she's in another state (Maryland), and he's threatening to file in California, she's having a lot of trouble finding available help.
In MD, there's no help to be found, because the filing will be in CA. In CA, there's no help to be found, because she doesn't qualify as a resident.
Is she just SOL, or is there anyone who can work with this type of situation?
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brandg
New
Reged: 05/12/08
Posts: 7
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Anybody? Sorry to bother you with this, but any help would be appreciated.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2126
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If I understand you correctly, she left the house believing she had to (she didn't, unless it was court ordered). Then, she and the child went to Maryland. He then filed for divorce and custody from CA. You can't take a child out of state.....those that do, almost always lose custody. She may need to move back to CA, as she is still a resident there. More details are needed.
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brandg
New
Reged: 05/12/08
Posts: 7
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Thank you for your response, and I apologize for taking so long replying (I had to contact her to get details).
They had an apartment in South Carolina, and he got a job in California. He moved out there and rented an apartment (in his name only), then he told her to ship all the property out there. When the lease was up in South Carolina, she and her daughter flew out to California, where he told her that she was "not welcome in his home" (probably not legally enforceable at the time, but she wasn't thinking in those terms at that point).
She flew back to South Carolina, and a few weeks later, he flew her daughter out to SC to leave the daughter in her mother's care. At about the same time, he began co-habitating with a woman he had recently met. He cut off all financial support to his wife and drained all accounts she had access to, which forced her to live on the good graces of friends until she can find work.
Now she has moved to Maryland, and is building up residency here (still without support, living off friends). He is threatening to file for dual custody where he takes the child for alternating years, pays no alimony, pays minimal child support, and gives her no portion of their assets.
I could see how she would possibly qualify for residency in SC, but not CA, and probably not MD (I think MD requires six months before residency is established).
The trick, I think, is to find out where she should get support from, so that she can then start looking at pro-bono support in that area.
Thank you again for your time and attention.
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Samsung
Platinum
Reged: 06/14/07
Posts: 2126
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Can you give an exact timeline of where each of them (mom, dad and child) has lived. Has anyone filed for divorce yet, or are there any kind of courts orders in place yet? How long were they married? What are their income differences? How much education does each have (the last few questions are alimony info).
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2181
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The residency requirement in Maryland is 1 year . The courts in CA cannot decide custody of the child , he/she never lived there . She would be better served by moving back to S. Carolina especially if he hasn't already filed .
He is threatening to file for dual custody where he takes the child for alternating years,
>>>>>>>>>>>> Unlikely .
pays no alimony,
>>>>>>>>>>> SS terms under CA laws are more generous depending on the length of the marriage .
pays minimal child support,
>>>>>>>>>>>> CS will be decided in the state the child resides in , CA doesn't have jurisdiction .
and gives her no portion of their assets.
>>>>>>>>>>>> Haha .
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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brandg
New
Reged: 05/12/08
Posts: 7
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The Timeline:
Lived in CA from Dec 2004 until August 2007. One month transit from CA to SC.
28 August 07 - Moved into apartment in SC.
November 07 - Husband went back to CA. He lived in his bosses house for extended time. Notified wife to move and pack out mid November.
Late December 07 - She packed up and shipped household goods. Wife canceled lease and stayed with friends in SC until husband bought plane tickets. Wife and daughter flew out to CA from SC around the 22nd of Dec 07. Wife and daughter were put up in hotel.
January 2, 2008 - Husband notified wife of his girlfriend. Husband gets apartment in his own name and notifies wife she is not welcome.
January 10, 2008 - Wife flies back to SC.
Sometime between January 10th and February 28, Husband receives all household goods and car from shippers and moves his girlfriend into the apartment.
February 28, 2008 - Husband flies Daughter back to SC and returns to CA
April 4, 2008 - Wife and daughter move to MD because of job prospects.
Nothing has been filed yet, nor are any court orders in place. They were married for six years. He makes over 52k/year salaried, while she is unemployed with no other income.
Regarding education, they are both ex-military, so she has military technical training for postal work, while he has Military Intel technical training and a Clearance. This means he attended 3 schools lasting over 2 years, as compared to her 12 week class. Regarding College, she has 6 credits.
Edited by brandg (05/15/08 02:55 PM)
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brandg
New
Reged: 05/12/08
Posts: 7
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Update: Regarding court papers. She was just served with an "FL110 Summons" which makes a series of allegations and demands, most of which she cannot respond to without representation.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2181
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She needs to file a response immediately , a lawyer isn't needed to do this . The forms and instructions for the Response ( FL-120 ) can be found here with a wealth of other legal material :
http://www.courtinfo.ca.gov/selfhelp/family/divorce/divforms.htm#regular
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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brandg
New
Reged: 05/12/08
Posts: 7
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Thank you. So, if I understand it, the response is like a counter-offer regarding divorce arrangements (custody, property, etc.), right?
Also, in the packet, she received:
FL-110 (Summons)
FL-100 (Petition-Marriage)
FL-311 (Child Custody and Visitation Application Attatchment)
FL-341 (Children's Holiday Schedule Attachment)
FL-105/GC-120 (Declaration under Uniform Child Custody Jurisdiction and Enforcement Act)
FL-300 (Order to show cause)
FL-310 (Application For Order and Supporting Declaration)
The sheer weight of this paperwork alone makes me think she needs a lawyer ASAP.
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