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We need advice on how to proceed with custody and other separation issues.

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1. My daughter has been separated from her husband since March 13, 2015. He is a manic depressive, bipolar who has been unwilling and unable to work in the past 3 years, except for part time work. He has agreed to give her sole custody of the children. We are trying to setup the custody agreement to accomplish the following:
a. Sole custody to our daughter, Sarah R. O’Rourke.
b. Secondary custody and / or guardianship to Gail and Michael McFarlane, grandparents.
c. Since he is not currently working more than 10 hours per week, he has little income and no current address. We realize it is not possible for him to pay child support at this time. How do we setup agreement for future support from him?

2 Attorney Answers

If you are not interested in talking to an attorney who would be able to draw up paperwork for you, the only thing I could suggest would be for you to go to the Juvenile and Domestic Relations court in your City/County and talk to the clerks there, they may be able to give you some advice. As for just having an agreement, that is something you could draw up together, and then submit to the court to make it enforceable. But it also sounds like she would need to talk to someone about setting up divorce proceedings or a separation agreements. Although, some of thing things you have listed, you may be better served to talk with an attorney, most offer a free consultation period.
Your daughter needs to speak with an experienced family law attorney about separation, divorce, and what she can expect going forward. Also, please refrain from sharing personal information on public websites.

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