Anyone can file(as far as I know) as long as they have all the actual signatures.
His family definately needs to know you're going to be here. I'm sure they're dying to see those kids (unless the whole family went crazy). It would be best left up to them to let him know...I bet they would.
Me 36 Husband 35 D5 S2 separated: 10/29/07-present Served divorce papers 1/22/09 "When the world gives out beneath your feet, it is time to learn how to fly."