QUESTION
Can my spouse take my children and move out of state before I file for divorce?
Asked on Aug 27th, 2013 on Divorce - Utah
More details to this question:
My wife moved back in with her parents, taking our 3 year old and unborn child with her in a different state, months after leaving me. Can I file for divorce in that state or do I have to file in the state I still reside in? Can she be forced to bring my children back to the state I live in?
7 ANSWERS
Until an order is entered regarding custody and parent time, either parent can take a child from the home state. In Utah, you can file for a divorce in any county where you have resided for at least three months. Utah would have jurisdiction over your wife and child provided that they lived in Utah during the marriage. You are also able to file for a divorce wherever your wife has established residency, though it may make more sense and be more convenient to file for divorce where you reside. If you file for a divorce in Utah before your wife files for divorce in the state where she moved, the Utah action may have have priority depending on the connection your wife and the child have with the other state. The state where your wife moved may not have personal jurisdiction over you. That is, if you never resided there during the marriage and if you were not married there, the state may lack the power to issue orders against you. If your wife moved from the state more than 6 months ago, she may have a claim that the new state is not the home state for your child, and she has probably satisfied the residency requirements to allow her to file for a divorce in the other state. If Utah takes jurisdiction, the court can require the mother and child to return to Utah, especially if there is an issue of custody, or if she only recently left and did so misrepresenting her decision to return to Utah. The court could also require your wife to pay more of the expenses to allow you to have parent time with your child. The passage of time will affect your ability to protect your rights in the state of Utah, so you should seek further legal counsel as soon as practical.
Answered on Sep 05th, 2013 at 3:11 PM
Family Law Attorney serving Thousand Oaks, CA
at
Law Office of Terry A. Buchanan
Update Your Profile
The issue is whether your spouse abducted the children so to deprive you of your parental rights. More facts are necessary before able to provide a full response. Your situation would require assistance from an attorney as this forum is not suitable for such an extensive and personal response.
Answered on Sep 05th, 2013 at 3:11 PM
4 Awards
You need an attorney as soon as possible. You must file here in Nebraska but a judge is extremely likely to order her to return the children to Nebraska or else custody will revert to you. Our office has handled several cases like this. You do not want to wait too long after she left or she may be able to argue you acquiesced. A local attorney can help you after gathering all the facts for this matter.
Answered on Sep 05th, 2013 at 3:11 PM
Family Law Attorney serving Glendale, CA
at
Oscar E. Toscano, Attorney at Law
Update Your Profile
This question depends on a number of different factors. Has your wife moved to another state long enough to establish residency in the other state? At least 6 months? Is she visiting only? If she has not established residency in the other state, then she is still a resident of California and as such you could sue her in California. If she has moved out and established residency in the other state, then you will probably have to file in the other state. When you file, you still have to personally serve her with the disso documents.
Answered on Sep 05th, 2013 at 3:11 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
at
Zahn Law Office
Update Your Profile
Without an order in place or at least a divorce filing that has been served on her, yes she can move and take the children. You can file in your home state and that court can make orders to bring the children back to your state.
Answered on Sep 05th, 2013 at 3:11 PM
Domestic Relations Attorney serving Omaha, NE
at
Diane L. Berger
Update Your Profile
You can file in either location. If you file in the location where you are still residing, you can certainly ask that the children be returned to that location on the basis that all information concerning them is located where they were residing. This is all assuming she has not been gone six months or more.
Answered on Sep 05th, 2013 at 3:11 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
If they have been gone for more than 6 months, it would be better to file in the state she now resides in. If less, you can do it in the state you reside in and ask the court to have her return the children. Depending on the situation, it may or may not order their return.
Answered on Sep 05th, 2013 at 3:11 PM