Legal Question in Family Law in Texas
If my husband files for divorce in GA, claiming he doesn't know where I am (he does, he called two days ago, and was here a few months ago), and gets a default judgment because I don't know about it and can't show up, how do I fight that?
And if he comes out here, and I am at work, can he legally take my daughter (she is four months old) from my parents house without my consent? I am very afraid he will kidnap her.
How does nonsupport factor into divorce, or does it anymore? He is taking all the money out of our joint account and putting it into a new account in GA. He only calls when he wants me to give him more money, and then he claims that he's been calling once a week, but his phone records (and my cell phone) say he hasn't.
Will a court allow my family to testify to his character, since he only does abusive things when no one is around to see him?
And how do I prove he's dangerous and abusive if not? He's in anger management and therapy, will that be viewed as helpful or hurtful to his case if we do file divorce?
If we're still married, and he wants to take her to NJ to see his family, and I say no, can he take her anyway without me being able to fight that legally?
If he files for divorce when he gets here, can I just not sign the papers, or will I be forced to let him drag me into a custody battle? I'm afraid I won't be able to afford it, how much do you think it would cost me?
Does it help my case that he got a new cellphone he didn't tell me about, and still uses the old one to call me?
What do I have to do to prove that he's a danger to my child? What are the criterion?
I also went through therapy for major depression while in the Army (it was related to him, and to the abuse I had to take from the Army itself). Can he use that against me? I took him to a marriage counselor who told me he was "missing the empathy chip", and when I looked that up, it leads me to believe he is a sociopath, because he fits every description. I've heard judges don't regard that as a valid argument in divorce. Is that true?
I'm sorry I have so many questions, I'm just very afraid and confused.
1 Answer from Attorneys
TODAY, hire a lawyer in Georgia to get this default set aside based on the fraudulent affidavit regarding your whereabouts. The attorney can advise you as to what is needed to establish his knowledge.
Talk to that lawyer about your Texas residence, and desire to file for divorce and conservatorship and support in Texas. Talk to the District Attorney in your county, detail the abuse, and see if they will file a Protective Order on your and your child's behalf. (Generally, two physical incidents in the past 12-24 months).
It would also be wise to consult with a Texas attorney regarding your jurisdictional ability to bring suit here. Good luck.
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