Can he file in a different state?

[Bluecheese]

What is the name of your state (only U.S. law)? TN my husband and I were married in TN. We moved to Minnesota. My husband starting having an affair with a 17 year old girl! He is 23. He said it didn't mean anything and he would stop blah blah blah. After about 6 mos or so I found out he was having an affair with another woman and she was pregnant! We have a 2 yr old son. He moved out & moved in with her. Me and my son moved back to TN to live with my mom a year ago in March. I have not heard from my husband in about 8 mos. About a month ago the dept of human services filed a petition to make him pay child support. They did this because they helped me with job training and child care. They get the child support for that training. About 3 weeks after that ruling I received a letter saying he and the now 18 yr girl moved to his parents in Michigan and he is filing for divorce there and he wants 50/50 custody of our son! I do want the divorce but havent had money to file. I am concerned about the custody and I am not sure how the system works in Michigan. I do know the judges do not grant 50/50 custody here unless both parents want it. Sorry this is so long but I wanted anyone offering advice to know the basic details. Can he file for divorce and custody in any state? What are the chances he will get 50/50 custody? Any suggestions? I know I need an attorney and I am working on that but any advice until then would be great. Thanks!What is the name of your state (only U.S. law)?

 

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? TN my husband and I were married in TN. We moved to Minnesota. My husband starting having an affair with a 17 year old girl! He is 23. He said it didn't mean anything and he would stop blah blah blah. After about 6 mos or so I found out he was having an affair with another woman and she was pregnant! We have a 2 yr old son. He moved out & moved in with her. Me and my son moved back to TN to live with my mom a year ago in March. I have not heard from my husband in about 8 mos. About a month ago the dept of human services filed a petition to make him pay child support. They did this because they helped me with job training and child care. They get the child support for that training. About 3 weeks after that ruling I received a letter saying he and the now 18 yr girl moved to his parents in Michigan and he is filing for divorce there and he wants 50/50 custody of our son! I do want the divorce but havent had money to file. I am concerned about the custody and I am not sure how the system works in Michigan. I do know the judges do not grant 50/50 custody here unless both parents want it. Sorry this is so long but I wanted anyone offering advice to know the basic details. Can he file for divorce and custody in any state? What are the chances he will get 50/50 custody? Any suggestions? I know I need an attorney and I am working on that but any advice until then would be great. Thanks!What is the name of your state (only U.S. law)?

Michigan should NOT have jurisdiction over custody because the child does not live there. If he files, you will need to file a motion to quash his motion since they do NOT have jurisdiction.

 

[mistoffolees]

Michigan should NOT have jurisdiction over custody because the child does not live there. If he files, you will need to file a motion to quash his motion since they do NOT have jurisdiction.

Just to be clear - once he establishes residency in MI, he can file for divorce there - and get it. But MI will not have jurisdiction over the child.

So if Dad has been in MI long enough to establish residency, Mom will object to anything having to do with the child, but probably not the divorce itself (she can, of course, object to individual items if they are unfair or inaccurate).

 

[Bluecheese]

I am not concerned about the divorce. I would have filed a year ago but haven't had the money. I am concerned about custody. He is asking for 50/50 and I don't even know how that is supposed to work with him in another state. I would be okay with day visitation but don't feel it would be good for our son to stay over night with him since he has had no contact with him in over 8 mos.

I am going to talk to an attorney next week.

Thanks for the advice!

 

[mistoffolees]

I am not concerned about the divorce. I would have filed a year ago but haven't had the money. I am concerned about custody. He is asking for 50/50 and I don't even know how that is supposed to work with him in another state. I would be okay with day visitation but don't feel it would be good for our son to stay over night with him since he has had no contact with him in over 8 mos.

I am going to talk to an attorney next week.

Thanks for the advice!

If he does file in Michigan, you simply file for dismissal on the grounds of MI not having jurisdiction over custody. Do NOT get into arguing the custody matter - you could grant jurisdiction to MI.

As for the rest, you'd better get used to him having overnight visitations. There MIGHT be a short reintroduction period, but unless you can prove that it's a danger to the child, Dad has every right to overnight visitation. He'll most likely get the standard long distance visitation for your area (if he's very far away - if he's close enough, he'll get standard visitation).

You will definitely want to retain an attorney. It's easy to mess up a long distance visitation case like this.