Question:
My brother is in a very difficult situation. He has been married about 5 years to a woman who is from another country. I believe she is now a legal resident. She left the house with their 3 children and moved in with her sister in Waco while he was at work. She told him she needed time away. He did not argue and let her go without any problems. He continued to send her money and he would visit the kids on the weekend but was not allowed in the house and could only stay outside with the kids for 30 minutes. She did not let him take them anywhere and he did as she asked. A few weeks later, the police came to his house and arrested him because she said he beat her. When we got him out, he went to his house and she had been there and took several items. He was not able to see his kids for several weeks because she filed a restraining order. After a while, she decided to come back and the case was dismissed. She admitted in writing that she lied because she was having personal issues with her life. Now, the marriage is unbearable for my brother. She is constantly threatening him with taking the kids to Mexico while he is at work. She does not let him take his kids anywhere, not even to see their grandmother who has not seen them in months. He does not want to aggravate her because he is afraid that she will accuse him again. He wants to get the charge expunged before he files for divorce. He is also afraid of losing his kids. He has tried to appease her in every way but she continues to threaten him. I want to know what you suggest he do first.
Answer:
It is really important to know that any finding of family violence will be very detrimental to his case. Make sure these allegations/charges are resolved as soon as possible, but remember she can make such false allegations again. He needs to avoid any unsupervised time with her. Meaning when he picks up the kids, etc. he needs a witness with him at all times. He needs to get to court to get his rights established and to stop her from being able to move out of the state/area with the children.
Divorce attorney, Dan Cuneo, JD (Cordell & Cordell, PC) answers your "Ask A Lawyer" questions.
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