Virginia Options / Divorce

[leadspace]

What is the name of your state (only U.S. law)? VA

My daughter is married over a year and has baby with her husband. He's being a real jerk and they are considering a separation. We live in PA and we've invited her to live here during the separation. He's agreeing with the sep. but not with her taking the baby with her.

If she leaves (not likely) is that desertion? Can she leave with the baby and not be considered desertion? He has no way to care for baby without her, and cannot afford full time child care. They also cannot afford two residences. What options does she have ?

If she moves in with us in PA, can he go to court and get order for her to return? To return the baby? She is the primary caregiver now.

Thanks for any help or guidance.What is the name of your state (only U.S. law)?

 

[Silverplum]

What is the name of your state (only U.S. law)? VA

My daughter is married over a year and has baby with her husband. He's being a real jerk and they are considering a separation. We live in PA and we've invited her to live here during the separation. He's agreeing with the sep. but not with her taking the baby with her.

If she leaves (not likely) is that desertion? Can she leave with the baby and not be considered desertion? He has no way to care for baby without her, and cannot afford full time child care. They also cannot afford two residences. What options does she have ?

If she moves in with us in PA, can he go to court and get order for her to return? To return the baby? She is the primary caregiver now.

Thanks for any help or guidance.What is the name of your state (only U.S. law)?

She's the "primary caregiver" because he works for a living, and pays all expenses, right?

 

[leadspace]

they both work. Him 40+ hours a week. Her close to it but not quite yet. She spends more time with baby than him. He earns more money.

 

[Ohiogal]

Yes he can get an order for the return of HIS child.

 

[leadspace]

So do I interpret this to mean regardless of conditions or parent, the baby must stay within the state and the remaining parent's residence?

If an order is "issued", is it enforceable across state lines?

What other options or input can you provide - any other place I should be looking to learn more?

 

[mistoffolees]

So do I interpret this to mean regardless of conditions or parent, the baby must stay within the state and the remaining parent's residence?

If an order is "issued", is it enforceable across state lines?

Not quite. Either parent can take the baby wherever they wish. HOWEVER, the parent who remains where the child resides can ask the judge to order that the child be returned.

The child is under the jurisdiction of the court where he/she lives. If the child moves, the original court still holds jurisdiction until the child has established residency in a new state (typically 6 months). After that, the new state has jurisdiction.

The safest route is for her to file for divorce and ask the court for permission to move with the child. If he doesn't challenge it, she can move. If he challenges it, she has to stay until it is resolve (or leave without the child, which could affect her ability to obtain custody later).