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Domestic violence and child support

Summer BreezeSummer Breeze Registered User new member
Someone asked me for advice and I’m asking it here on their behalf and with their permission.

Her predicament: she, foreign born and not a citizen, married a naturalized American and moved with him briefly to the US, and then moved back out of the US. During this period, they had two kids, and throughout it and including during her one of her pregnancies he was physically and otherwise abusive.

She decided to escape, and with some people’s help managed to get back the US, where she has a green card and is legal resident. Her kids, because of their dad, and one of them being born here, are both citizens. But she has no family or any support structure here.

What she wants is legal protection from her husband. She’s afraid of him coming to the US to find her and/or take the kids away. I don’t know what counts as documentation/proof of abuse, but she says it’s very clear on her body. She went for a doctor visit some days ago, and the doctor was very concerned about what she saw and asked her about it.

She also wants to sue him for child support. He’s wealthy, and an American citizen, but also not currently living here.

Does she have much in the way of legal recourse? If so, what kind of legal representation are we looking for? Would a simple family lawyer help us with this?

Thanks in advance.

Posts

  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    A family lawyer can help. And your friend should definitely seek one out.

    The bad thing, without prior police report, it would be incredibly difficult for her to get sole custody.

    If she has limited employment, a judge is going to look at the stable house with the employed family member. However there are other factors.

    State of residence, state of residence of the father.

    But she needs to see a lawyer.

    NSDFRandJaysonFourCambiataspool32dispatch.oShadowfirekime
  • Summer BreezeSummer Breeze Registered User new member
    She says there was a case from the state where they were living at the time (different from this state). She didn’t file a domestic violence complaint, but he took away her passport and her all papers, she eventually went to court over it, and she says he got scared of possible consequences and gave the stuff back after denying he had them. So there’s that, if it’s possible records like that are transferable between states.

  • zepherinzepherin Russian warship, go fuck yourself Registered User regular
    edited August 2019
    She says there was a case from the state where they were living at the time (different from this state). She didn’t file a domestic violence complaint, but he took away her passport and her all papers, she eventually went to court over it, and she says he got scared of possible consequences and gave the stuff back after denying he had them. So there’s that, if it’s possible records like that are transferable between states.
    The records may be brought back on as prior bad acts, a lawyer will be able to advise better than here, however again no job no house parent is probably going to lose custody to job having parent unless child abuse can be proven to a preponderance of evidence. And possibly have to pay child support.

    There is significant risk, more so without a lawyer.

    zepherin on
  • dispatch.odispatch.o Registered User regular
    https://www.thehotline.org/

    The National Domestic Violence Hotline - 1-800-799-7233

    They can provide some answers to the questions related to abuse. The medical office she went to can probably get her in contact with a local group.

    That doesn't really solve custody and/or restraining orders. Though they may have recommendations regarding the steps to take and the documentation she will need moving forward. Some stuff is easy to do at a courthouse in an afternoon, some stuff is really complicated. Appropriate specialty lawyer will be key, and there may be free advise from a lawyer available in her area.

  • SiskaSiska Shorty Registered User regular
    How old are the children?

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