Ask A Lawyer: Can I Avoid a Bad Divorce Settlement?

Question:

I’m a foreign medical student in the Caribbean (seeking an M.D.), a resident of Texas, and I am facing a divorce/custody battle. I have no income yet, and I love my son very much. I don’t know what my rights are, and my wife wishes to have me sign my rights away to him.

That is unacceptable to me, what can I do? What are my options? Do I stand a chance to get any kind of meaningful custody?

I am afraid that by divorcing me right now my wife will get a better deal because although I cannot afford counsel yet, I stand to make a great deal of money due to the specialty of my studies. How do I avoid being locked into a bad divorce situation?

 

Answer:

You need to do whatever you can to consult with an attorney, in Texas, about your options going forward.  If your wife sends you any paperwork to sign, do not sign it until an attorney has reviewed the paperwork. 

You will want to try and establish a parenting schedule that gives you contact with your son when are in Texas visiting and once you are permanently back in Texas allows for frequent contact.

 

Tiffany A. McFarland is a Senior Attorney and Litigation Manager with Cordell & Cordell, P.C. in the Overland Park, Kansas and Kansas City, Missouri offices. Ms. McFarland practices exclusively in the area of domestic relations. 

Tiffany is licensed in the state of Missouri and the state of Kansas and is certified as a Guardian ad Litem.

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