husband left state with child

[scared 4 child]

YOUR STATE NAME - Louisiana

My husband moved out of state with our child. We have not divorced but he has no intentions of coming back. Is there anything I can do to get my child back?

 

[kat1963]

Is there a custody order of any kind? How long has he been gone with the child?

KAT

 

[scared 4 child]

kat1963

Can there be a custody order without having a divorce? If so how can you do that? He's been gone a couple of weeks.

 

[dorenephilpot]

In the absence of a court order to the contrary, he is not in violation of the law for taking the kids out of state.

You, on the other hand, won't be in violation of the law if you were to retrieve them, either.

This sounds like a thing that would be tough on the kids, however, so I'm not suggesting that you do that, just pointing out your rights.

I suggest that you get a petition for dissolution filed pronto in the state where he's now living (because it has jurisdiction over him) or in your own state if he still owns property there because that state would still have jurisdiction over him.

Then you can ask for a hearing quickly and get a temporary order on custody.

Judges do not look kindly on folks taking kids away from the other parent. It's not against the law, as I mentioned, but it certainly will not put him in a favorable light w/the judge.

I suggest that you get an attorney on board. This is going to be a tough fight, and it's probably not one you can wage on your own....

 

[Grandma B]

I suggest that you get a petition for dissolution filed pronto in the state where he's now living (because it has jurisdiction over him) or in your own state if he still owns property there because that state would still have jurisdiction over him.

Where've you been, Ms Counselor?? We've missed you.

While he can file in his new state (after satisfying residency requirements), are you sure she could file there instead of filing in LA?

 

[dorenephilpot]

Glad to be back!

Had a trial that used up almost an entire week, then immediately left for a five-day conference, and then immediately starting moving into a new house that my husband and I just bought. No rest for the wicked!

She can AGREE to the jurisdiction of the other state by filing there in the state that does have jurisdiction over him -- and, in fact, she'll have to if he's not going to cooperate w/the home state's court. (Imagine what would happen otherwise: If she can't file in his state, the one that has jurisdiction over him, then that would be the perfect way for non-property-owning folks to escape a divorce -- simply move to another state, out of the reach of the original state.)

As I said, though, if he owns property in the state where she's living, then that state would continue to have jurisdiction over him, and she could file it there and make him come back for the lovely hearings and such.

Now, if she files in her home state and he doesn't object to the jurisdiction as being improper, then she's golden.

Lots of factors and lots of unknowns here, but I tried not to make it too complicated.

Bottom line: This is a complicated issue, and she's going to be better off getting an attorney involved here.

 

[scared 4 child]

dorenephilpot

He doesn't own property in this state nor the state he's moved to, but he does own property in a third state. What is a petition for disolution? Is there any way I can file for custody without getting divorced first? It is my understanding that it takes 6 months to get divorced here.

 

[tmontz26]

Re: dorenephilpot

He doesn't own property in this state nor the state he's moved to, but he does own property in a third state. What is a petition for disolution? Is there any way I can file for custody without getting divorced first? It is my understanding that it takes 6 months to get divorced here.

It doesn't TAKE 6 months to get divorced here in Louisiana, but you must be physically seperated for 6 consecutive months before you can even attempt to file for divorce. I know because I too live here and I have gone through it.

 

[dorenephilpot]

A petition for dissolution is the legal term for a divorce filing.

Yes, you can have a temporary custody/support/visitation order entered before the divorce is finalized.

It's called a provisional order.

Best of luck to you!

 

[wendymorrow]

you too huh

i just thought i would drop you a line to let you know you are not alone. my soon to be ex has done the same thing to me