I need help. I’m lost. my wife of a little over a year left the state with my 8 month old. She has a heart murmur and is missing important appointments by leaving what can I do to make my wife bring her back? I’m concerned for her well being.
Unfortunately, since your baby has been residing in another state for over 6 months, pursuant to the UCCJEA, jurisdiction now rests with that state as it is now the home state. You will need to contact a lawyer and file an action in that state.
I was awarded a citation for contempt against my husband. The case is in Colorado (Divorce). My ex lives in Texas. Which law governs the serving process? The state of Texas’ laws or Colorado. Thanks!!!
The Colorado rules apply for service. However, you will have to get the Contempt citation registered in the state of Texas, and could have a Texas sheriff or Texas private process server serve him. Good service will be based on Colorado law.
This is kind of a 2 part question, if I file for divorce but my ex (common law) moved out of state with kid what happens with divorce and custody if i chose to have 50/50?
If your wife and child have been out of state for 6 months or more, Colorado may not have jurisdiction over the custody issues, and you may have to litigate that in the other state.
Colorado would most likely still have jurisdiction over the marriage but it depends on how long you both were in Colorado, and whether or not you lived here as a married couple.
My ex is living in Tenn. She says she’s pregnant with my child. What do I need to do to start a custody battle if that child is mine?
Is she your x-wife or x-girl friend? Were you married or divorced in Tenn? If your x is living in Tennessee permanently and the baby is born in Tennessee, Tennessee will have jurisdiction over the child to determine custody rights.
If your X consents, you may be able to have your DNA matched against the unborn baby’s DNA. If that is not possible, after the baby is born you would have the right to file a paternity action and request a DNA test. If it is positive and you are the father, then your next steps in court would be establishing parenting time, decision making and establishing child support.
DOES THIS QUESTION & ANSWER APPLY TO OREGON & WASHINGTON STATE? I AM THE NEW WIFE & DON’T WANT MY BANK ACCOUNT GARNISHED. Thank you.
My wife has decided to move to Pa. with our 3 kids., how do I protect my custody/visitation before she leaves, (w/i 1-2 weeks) please help., What do I need to do?
You need to file for divorce or legal separation immediately. An automatic restraining order would prevent her from leaving the state with your kids.