No it hasn't been initiated in court yet. they were hoping for a dissolution as she was quite willing to leave the marriage without a financial settlement on the understanding she could have full custody of their son. He led her to believe the lawyer was drawing up these papers but when she got them they wete for shared custody so refused to sign them. He is saying that shared custody would cost him $20000 annually in travel expenses so would therefore not pay child support. he has been having an affair to which she has proof. He is now trying to force her to have an abortion by saying it's the only way he'll sign consent letter to bring their son out the country
Of course! He doesn’t want to be responsible for child support for another child. Too bad for him. Unfortunately for her, she is going to need to initiate a divorce action with the local family court and motion for a temporary order granting her temporary full custody and travel rights. I do warn you that she may not get it because the courts also have to look to see if she would be a risk of later not allowing him to see his children, so they may want on giving her temporary custody. The good news is that courts in the U.S. generally want to keep children with mothers over fathers. So the law and traditional practice is on her side. More likely than not, she would get the majority of custody and be able to travel with her children, but she will have to go through the process. There is no easy or fast way to do it because what is most important to the court is what is in the best interests of the child and when a couple is going through a divorce, they tend to be selfish in that regard and may not care that much as to the best interests of the children. Additionally, she can ask the court to award temporary spousal and child support to keep her on her feet.
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Ok. It’s $347 to file the action with the divorce court. She doesn’t need a lawyer, but here is a link to legal aid websites that she could contact:
And here is a link to the court costs:
Perhaps you can just send her that money to get her going. If not, legal aid should be able to help as well.