wife moved out of state with kid

[gimphand]

We own a house in PA for the past 5 years and have one 4 year old. The house has been for sale for a year. My wife moved to TN, to start a new job in August. She rents an apartment. We both had intentions of me moving down there and getting a job after the house sells. Our kid is in pre school in TN but comes up every month or two for a few weeks and stays with me. My wife is cheating on me down there and it is known. Her family lives there and caught her also. I want a divorce but want my kid. What are my options. Do you think I can get my kid back into PA?

 

[Isis1]

We own a house in PA for the past 5 years and have one 4 year old. The house has been for sale for a year. My wife moved to TN, to start a new job in August. She rents an apartment. We both had intentions of me moving down there and getting a job after the house sells. Our kid is in pre school in TN but comes up every month or two for a few weeks and stays with me. My wife is cheating on me down there and it is known. Her family lives there and caught her also. I want a divorce but want my kid. What are my options. Do you think I can get my kid back into PA?

how long has mom been living in TN?


eta...grrr. nevermind.

 

[Ronin]

Mom has been living in TN with the child for the past four months, she works there, the child is attending school there, she has family and support there, and at this point she is also the presumptive custodial parent.

While you may file for divorce in PA and have PA take jurisdiction over custody matters if you file very soon, the wiseness of this decision depends in large part on whether or not you plan to remain in PA after the house is sold, or move out of state.

At this point it is highly unlikely you will get a PA court to order the return of the child from TN back to PA...

 

[gimphand]

Mom has been living in TN with the child for the past four months, she works there, the child is attending school there, she has family and support there, and at this point she is also the presumptive custodial parent.

While you may file for divorce in PA and have PA take jurisdiction over custody matters if you file very soon, the wiseness of this decision depends in large part on whether or not you plan to remain in PA after the house is sold, or move out of state.

At this point it is highly unlikely you will get a PA court to order the return of the child from TN back to PA...

Thats the thing, I want to stay in PA.

 

[Isis1]

Thats the thing, I want to stay in PA.

where is the child now?

at this point, you, mom, and child are residents of PA.

you can file for divorce first thing tomorrow morning. you can also file a order to have the child returned to the residential state pending the outcome of the case.

 

[gimphand]

where is the child now?

at this point, you, mom, and child are residents of PA.

you can file for divorce first thing tomorrow morning. you can also file a order to have the child returned to the residential state pending the outcome of the case.

Child and mom are currently in TN, mom has been working there for 4 month, I am in PA and working. How is everyone residents of PA still?

 

[Rushia]

Child and mom are currently in TN, mom has been working there for 4 month, I am in PA and working. How is everyone residents of PA still?

Because most states have about a 6 month waiting period before you can actually claim that you are a resident. Check out TN's waiting period (unless someone will do it for you). If she has been there under the time frame indicated, she and the child are still considered residents of PA.

 

[LdiJ]

Because most states have about a 6 month waiting period before you can actually claim that you are a resident. Check out TN's waiting period (unless someone will do it for you). If she has been there under the time frame indicated, she and the child are still considered residents of PA.

However, if you are all still considered residents of PA all that guarantees is that PA will have jurisdiction of the case for both divorce and custody purposes. That does not guarantee that a judge will order that the child be returned to PA. Particularly because you both agreed to mom and the child moving there, and agreed to follow them.