Legal Question in Family Law in Alabama

Military

I am currently deployed and I need to know what my options for divorce. My wife is already trying to pawn some of my stuff in the apartment and seeing another man. We have 1 daughter together and she has a girl by another person. My wife already said in text messages that I have saved that I can keep my daughter and have full custody of her, but how do I do that if I'm over here? She dont have a job and nothing in the apartment actually belongs to her. Does she have a legal right to pawn my stuff? She is also trying to do our taxes and take all the money, can she do this without me there to sign it? Can I legally tell her she has to get out of the apartment? If I tried to divorce her from over here, would I have to end up paying child support until I get back? Does these conversations of us that I have saved, hold up in court? I need my daughter out of her care immediately. My wife is very unstable, she has been in the hospital for psychological issues more then 5 times. She was also put on medication for depression when I started talking about being deployed a while back. Would any judge let my daughter stay with her knowing all this? Especially since she has no means of supporting her. Please help!


Asked on 3/18/09, 2:06 am

1 Answer from Attorneys
Mari Morrison Mari Morrison

Re: Military

I would suggest you wait until you get back. Yes some of the text can be used in court. Do you have family willing to keep your daughter? If so, it is possible to get the divorce from there with a power of attorney. She can not get a divorce without your consent at this time. If your wife is willing to give you your daughter now, then will one of your family members be willing to take custody. As far as selling items, that can be an issue in the property settlement for the divorce. If you are concerned about your child at this time, it is also possible that one of your relatives could file in the family court for custody and argue that the child is dependent. This is different than the divorce or domestice relations court. Family court protects the child and if she has psychological issues which are causing erractic behavior and of concern, it may well be a basis. I would be happy to discuss this with you further. Please visit my website for phone number and address.

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Answered on 3/18/09, 12:13 pm


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