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divorce and kids...

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mkentex2

Junior Member
What is the name of your state (only U.S. law)? Detroit,MI
I lived in MI in 2006 my husband left the state for a job and me. he estblished residency in alabama and i decided to leave MI to move back home to VA we have been married 13yrs and have 2 kids that were born in MI. I left and established residency in VA. did i illegally leave the state with my kids. my husband has recently moved back to MI we are not divorced yet he was served with papers but will not sign them and he has a live in girlfriend basiclly he wants his kids in MI and i dont want to live there he states i left the state with his kids and that i must move back there so he could be within 50 yards of his children. I need advise soon i am in school in VA i work here.
 


Ohiogal

Queen Bee
You have been in Virginia at least six months? No. You don't have to move back with the children.
And he wants to live within 50 YARDS of his children? I need a ROFL icon. If you established residency of at least 6 months in VA AND enough residency to file pursue your divorce without his agreement.
 

mkentex2

Junior Member
thank you becoz last nite he was like you r goin to have to appear in court up in MI and if you dont have any papers that said you could leave the state with my permission then you are in trouble
 

mistoffolees

Senior Member
thank you becoz last nite he was like you r goin to have to appear in court up in MI and if you dont have any papers that said you could leave the state with my permission then you are in trouble
Never take legal advice from your stbx.

If you meet the residency requirements in VA, then file for divorce there.

If you don't meet the residency requirements for VA, then he can file in MI and you will have to appear. He will be able to make the case that you need to return the children to MI (although not within 50 yards- that's absurd).

You should really see an attorney.
 

mkentex2

Junior Member
I already filed for divorce in va he was served the papers when he was in alabama he dont want to sign them. so we agreed verbally on child support well he never sent anything so i went to child support and thats why he is upset now coz the court is ordering him he hasnt really sent me any money since 2007 i got a hundred dollars from him 3 weeks ago.
 

Just Blue

Senior Member
I already filed for divorce in va he was served the papers when he was in alabama he dont want to sign them. so we agreed verbally on child support well he never sent anything so i went to child support and thats why he is upset now coz the court is ordering him he hasnt really sent me any money since 2007 i got a hundred dollars from him 3 weeks ago.
If you could please use punctuation, proper capitalization and proper spelling in your posts, it would be much easier to understand what you are trying to relate.

Thank you
 

mistoffolees

Senior Member
I already filed for divorce in va he was served the papers when he was in alabama he dont want to sign them. so we agreed verbally on child support well he never sent anything so i went to child support and thats why he is upset now coz the court is ordering him he hasnt really sent me any money since 2007 i got a hundred dollars from him 3 weeks ago.
If you filed for divorce in VA, there's no way he can file in MI. (Actually, he can file there, but your attorney can get it thrown out since MI won't have jurisdiction).

If he hasn't sent you any money, turn him over to the state for collection. They can have it deducted from his paycheck.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? Detroit,MI
I lived in MI in 2006 my husband left the state for a job and me. he estblished residency in alabama and i decided to leave MI to move back home to VA we have been married 13yrs and have 2 kids that were born in MI. I left and established residency in VA. did i illegally leave the state with my kids. my husband has recently moved back to MI we are not divorced yet he was served with papers but will not sign them and he has a live in girlfriend basiclly he wants his kids in MI and i dont want to live there he states i left the state with his kids and that i must move back there so he could be within 50 yards of his children. I need advise soon i am in school in VA i work here.
If you and the children have lived in VA for more than 6 months, you have residency established in VA and you can tell your husband to pound sand.

His statement that you would need to move to allow him to live within 50 yards of his children is ludicrous.
 
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mkentex2

Junior Member
thank you all for the advice i appreciate it you have no idea or maybe you do what a nightmare. thanx again
 

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