QUESTION
What should I do if my wife filed for divorce and then left the state with our baby?
Asked on Oct 17th, 2012 on Divorce - Pennsylvania
15 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Hire an experienced divorce attorney.
Answered on Oct 23rd, 2012 at 3:30 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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You should file for the court to give you parenting rights and get the child returned to Ohio.
Answered on Oct 22nd, 2012 at 10:14 PM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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If she actually filed the petition for dissolution with the court, she will have to return for the court dates. (It is allowable to serve the other party first and then file, so just because you may have received papers does not necessarily mean there is an open case; check the state court website for superior court domestic cases under your name to be sure: http://dw.courts.wa.gov/index.cfm?fa=home.superiorSearch &terms=accept&flashform=0) If she hasn't filed, you can start the case. You will have to find a way to track her down in order to get her served, but if you can locate her, the court can compel her to return with the child until there is a parenting plan in place. If there has been no court involvement in your family in Washington, you should open the case soon while this is still considered the child's home state, because only the home state will have full jurisdiction. (There are rules about determining a home state, but a general rule of thumb is where the child has resided for the majority of the past 6 months.)
Answered on Oct 19th, 2012 at 9:28 PM
Michael Paul Vollandt
Get over the Court where the case is pending and set a hearing on the move away issue. Try to get the Judge to order the left parent to return the children back to the area where you were living.
Answered on Oct 19th, 2012 at 5:25 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If she did indeed file for divorce, a preliminary injunction is in effect as to her and she cannot travel with the child outside of the State of Arizona without your written consent. It would be wise to consult an attorney because depending upon the urgency or other facts surrounding her departure, you can consider filing for emergency orders to return the child to you or at the very least a petition for temporary orders. Assuming you have been served with the divorce petition as well, you will need to file a response.
Answered on Oct 19th, 2012 at 5:02 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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If you are in Colorado the law prohibits either party from removing a child from the state while the divorce case is pending unless the other parent or the court agrees to the move. You need to ask the court to enter an order to enforce that rule. If you are not in Colorado, you need to contact an attorney in the state where the divorce was filed to find what that state's law is.
Answered on Oct 19th, 2012 at 3:51 PM
Seek an emergency order requiring her to bring the child back. You also need to get a pick up order. Consult with an attorney immediately. Good luck.
Answered on Oct 19th, 2012 at 1:10 PM
Divorce for Men Attorney serving Nutley, NJ
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The Micklin Law Group, LLC
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Pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act, it is illegal for an individual who has joint custody of a child to leave the State of New Jersey without the express consent of the other parent or the Court?s permission. The first thing you can do is contact the police. The second thing you can do is file an emergent application in the Court in which your wife brought the divorce action for her to immediately return the child to the State of New Jersey.
Answered on Oct 19th, 2012 at 12:41 PM
2 Awards
Get a lawyer immediately; also call the police. This could very well be a violation of the Parental Kidnapping Act.
Answered on Oct 19th, 2012 at 12:40 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File immediately for custody and ask the court to order her to return the baby.
Answered on Oct 18th, 2012 at 9:14 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an attorney to force her to return the child.
Answered on Oct 18th, 2012 at 9:05 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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This is an easy question: you retain a family law attorney. Interstate custody issues can be complex. This is not do-it-yourself territory. Find a lawyer TODAY.
Answered on Oct 18th, 2012 at 8:54 PM
I would suggest you retain an attorney, ASAP, to respond to the divorce filing and request the Court for an order bringing back your child.
Answered on Oct 18th, 2012 at 8:49 PM
1 Award
File a restraining order which prohibits her from moving from the jurisdiction of the court and from relocating the child's residence.
Answered on Oct 18th, 2012 at 8:47 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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Consult with and retain attorney. Go very aggressively after custody to get an order in place.
Answered on Oct 18th, 2012 at 8:44 PM