Weird marriage and children situation

[Pascualm2606]

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

I've been married since 2007 in California. When I left the military my wife and I had an argument about finances and it resulted me going to jail for domestic violence. I ended up getting my charges dismissed and returned to a three day restraining order. During this time, my wife decided to borrow money and move to Michigan with the kids. I didn't get to see them off or anything. While they were in Michigan I was attending college and trying to balance my finances while supporting all of them. She was very unsupportive about my situation and only worried about her money. I couldn't move there because I was under a rental lease and doing college courses. I ended up falling into depression and lost everything I owned. Fell behind in school because of jail time and depression which resulted in more financially burden. While trying to get back on my feet I received messages from her friends that she isn't a fit mother and that I need to get the kids back. I wasn't in a situation to provide the funds to do such a feat. After a little while she ends up having a child with another man in Michigan. I decided it's time to dissolve the marriage and she informs me that it has already been taken care of. Recently, I learned from her relatives that I am still married. Upon research, I learned that it was illegal for her to move out of state with the children. I am seeking guidance to take the proper path and I am afraid of the punishment that will be given. If anyone can provide me with more information that would be greatly appreciated. Thank you.

 

[Shadowbunny]

You can either reply to this thread or use the edit feature on your post to give details. Don't use the "preview" feature, as it can eat posts. And don't forget to let us know your state.

 

[Just Blue]

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

I've been married since 2007 in California. When I left the military my wife and I had an argument about finances and it resulted me going to jail for domestic violence. I ended up getting my charges dismissed and returned to a three day restraining order. During this time, my wife decided to borrow money and move to Michigan with the kids. I didn't get to see them off or anything. While they were in Michigan I was attending college and trying to balance my finances while supporting all of them. She was very unsupportive about my situation and only worried about her money. I couldn't move there because I was under a rental lease and doing college courses. I ended up falling into depression and lost everything I owned. Fell behind in school because of jail time and depression which resulted in more financially burden. While trying to get back on my feet I received messages from her friends that she isn't a fit mother and that I need to get the kids back. I wasn't in a situation to provide the funds to do such a feat. After a little while she ends up having a child with another man in Michigan. I decided it's time to dissolve the marriage and she informs me that it has already been taken care of. Recently, I learned from her relatives that I am still married. Upon research, I learned that it was illegal for her to move out of state with the children. I am seeking guidance to take the proper path and I am afraid of the punishment that will be given. If anyone can provide me with more information that would be greatly appreciated. Thank you.

This situation is not something this site can help you with. You likely have another child...and need an attorney.

 

[LdiJ]

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

I've been married since 2007 in California. When I left the military my wife and I had an argument about finances and it resulted me going to jail for domestic violence. I ended up getting my charges dismissed and returned to a three day restraining order. During this time, my wife decided to borrow money and move to Michigan with the kids. I didn't get to see them off or anything. While they were in Michigan I was attending college and trying to balance my finances while supporting all of them. She was very unsupportive about my situation and only worried about her money. I couldn't move there because I was under a rental lease and doing college courses. I ended up falling into depression and lost everything I owned. Fell behind in school because of jail time and depression which resulted in more financially burden. While trying to get back on my feet I received messages from her friends that she isn't a fit mother and that I need to get the kids back. I wasn't in a situation to provide the funds to do such a feat. After a little while she ends up having a child with another man in Michigan. I decided it's time to dissolve the marriage and she informs me that it has already been taken care of. Recently, I learned from her relatives that I am still married. Upon research, I learned that it was illegal for her to move out of state with the children. I am seeking guidance to take the proper path and I am afraid of the punishment that will be given. If anyone can provide me with more information that would be greatly appreciated. Thank you.

It was not necessarily "illegal" for her to leave the state with the children, but it was something that you could have challenged at the time. However, if its been more than six months since she left the original home state with the children then its too late for you to challenge that now.

 

[Shadowbunny]

Since your wife did nothing illegal by leaving with the kids, there's nothing to pursue there. So your path forward at this juncture is to file for divorce.

 

[adjusterjack]

And seek custody and/or visitation.