Legal Question in Family Law in Mississippi
Divorce/child custody
i have been seperated from my husband for almost three years. We have four kids together. I recently found out from one of his family members that has moved out of state. Although they will not tell me where he moved to. I want to get a divorce, but everytime I talk to someone I am told that I cant get one with out his cooperation. I dont know where he is. So how can I get his cooperation. This is very frustrating.
I am afraid that if I wait to much longer, that he will show up on my doorstep one day for the kids. Then what choice do I have but to let them go with him. We are still married so if I dont let them go I could be breaking the law. He was the one who left. Left me with no car and no place to stay with three kids and pregnant with the fourth. I need to do something to protect my kids. I need someone to help me get full custody of my kids. I want his rights terminated. How can I do all of this without him. HELP!!!!!
1 Answer from Attorneys
Re: Divorce/child custody
Sounds like you have grounds for divorce on the basis of desertion. However, to obtain support money, he will have to be served. So it is a matter of tracking him down. This should be pretty straight forward if you have his social security number and date of birth and a last known address. You can also just seek support money by contacting the Department of Human Services Child Support Enforcement Division. They charge $25 to have a wage withholding order created and served on his employer. As to custody of your children, you each have equal rights so if he demands the children, you don't have to give them to him absent a court order.
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