please help if you, can direct me in the right direction?
My sister was diagnosed with a brain tumor in 2006, and ended up having 7 surgeries in a row. developed a infection of her skull plate after tumor removal and has a prostetic plate in its place. Ok now here is the situation, during this time her husband was planing on divorcing her while in surgery. I guess he did not believe in for better or for worse, he is six yrs yonger then her and they have a child togther. He cheated on her while she was laying in a hosp. bed. He made her sign a sepertation agreement a few mths after having brain surgery. When you have a brain injury, it changes who you are. Her husband is in the military, has found a new girl friend. He now has filed for a divorce using military benifits, and is filing for a no contest divorce. We belive he is trying to mary this other girl so that she can have the military insureance. He is trying to give my sister full custody of their child w/visitaion for him and that he has to pay child support. The thing is my sister can not keep a job, due to memory loss and irratic behavior, she had to give custody of her other child not by him to my parents. She has lived with several diffrent people, including my self. But due to her irratic thinking, she is very negitive and put strain on our family and her child, so I had to ask her to leave. I now have her daughter until the end of the school year, and then her dad will come and get her. My mom can no longer take it, so she may have no where to be. Due to a lack of funds we are unable as a family help her get the help she needs. We can not afford a lawyer, tried legal aid, try to see if we could get someone to do pro bono, but because he is in the military he was able to get a military lawyer. We have tried to get disability for her, but b/c she presents her self well, no one sees that she does not handle her finanses well, and other medical symptoms that she has stated above, my mom had to take out a tempory power of attorney over her. She has been denied disablity in which we are still fighting. They feel like her overwhelming Doctor visits and documentaion were not enough to have disabilty.Her husband filed in a diffrent state in which we were told that we would have to hire a lawyer there to move the case here. This has been going on for several mths trying to get the divorce to stop at this point. Because my sister is unable to raise her child (not that she does not want to), her husband will get custody, she will be left with out insurance, in which she really needs because she still has some swelling on her brain, and we belive that he should be paying her alimony, due to leaving her in a disablity state. And because my family feels like we have done all that we could, exausted all our revinews, and because we do not have the funds for a lawyer that we should just give up and let him have the no contest divorce. Which means that she will have nothing, b/c she does not have a lawyer. She has already lost her children. And will lose her insurance, and may not have a place to stay soon and become homeless (because we are unable to care for her, because of her irratic behavior and the negative affect it has had on the children in our homes) It is not that we want her on the streets, it is because we want the safty of our children. The systam and the military has really failed her. She needs care that we are unable to provide her. Sorry that this was so long. If anyone of you out there that is reading this and knows a way that you can help send us in the right direction. I plea with you please help before she is on the streets. The courts state that she needs to respond by the end of January or the Divorce is final as a no contest divorce. Meaning he pays nothing and gets everything. thank you for your time.
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Tagged with: brain injury • brain surgery • brain tumor • disability • disablity • divorce • full custody • girl friend • insureance • legal aid • medical symptoms • memory loss • military lawyer • mom • Mths • new girl friend • power of attorney • Right Direction • school year • skull • surgeries • tumor removal
Filed under: Infidelity Warning Signs
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Lets see if I cn help here. First,respond by stating shes counter suing for divorce and she will send a list of her demands to his lawyer. She should have already received a copy of his suit with his demands which she can use by either agreeing or disagreeing with each demand seperately and stating what she wants. You dont necessarily need a lawyer here as you guys can figure out what she wants and communicate that to his lawyer. Learn to barter here as he wants the divorce so lets see what hes willing to give up to get the divorce. His demands are not etched in stone so they can be altered or changed as needed. Because of different states involved here this will take a little longer but just how bad does he really want this divorce? Time is on your side here. Yes if he can prove mental instability on her in court he will receive custody but she can go for visitations at his expense. Tell him she wants spoual support if she does or not get child custody and how much. You can also request he continue paying for her medical insurance. Like I said before you guys just need to find out just how bad he wants out and that his existing this marriage is going to cost him. If you guys have any more questions or concerns my email address is thunder_wright@yahoo.com and Im willing tio help you all as much as Im allowed to. Just dont agree nor sign anything from him or his attorney without first checking with me first or else the courts cant overturn any agreement agreed upon outside the courtroom. Good luck
IMO he’s doing the same thing you in her family are doing: abandoning her in her time of need.
I don’t see how he can divorce her when she’s incompetant to represent herself or make a decision about the divorce.
Have you tried to get her help for the divorce through Legal Aid?
Also, there are attorneys who fight disability denials and charge nothing unless you are approved.
I would contact the military, she should be getting a lawyer as well as him from his benefits. I would also get this story public, local news and nationwide talk shows (respectable ones). This could look very bad for the military if they let him do this to her. She needs some professional witnesses that will attest to her inability to function, doctors, counselors, psychologists and even someone with child services but the military should help with this. If she comes across as capable then she will be getting nowhere in court. Also you might be able to find a lawyer that would want the publicity but you have to present the case right to them. Like this is an outrage of the military more than this guy being a jerk.
Have you talked to your local social services? Their job is to handle issues such as these and to help where they can. It may be best to go to the local office and see if you could talk to someone there. They should have all sorts of information and ideas at their fingertips…Tough break - good luck!
This is indeed a complicated situation. My first thought is to contact social services in your area and get your sister into some counseling at a community mental health agency. That way, a counselor can see beyond the "normal" front your sister presents and then put her in touch with some of the community resources that may be available for her. Documentation of her medical condition is super important as any agency offering her help will want to confirm exactly how disabled she is. A referral by a counseling professional may help in securing at least some help. Your sister’s doctors should also be able to at least give your sister or caretaker family some idea of how your sister can manage with her condition. I would think there are some rehabilitation programs that may offer her some time with an occupational therapist who can help her better take care of herself. If she is behaving erratically and having mood swings, a trip to a psychiatrist would be in order (with all medical records with her.) A psychiatrist would be able to determine if medication would help with her erratic behavior. Best of luck and I hope this helps.