Filing papers for divorce. Wife moved to New York, I live in Florida. Took my son with her. Do I have any rights? What can I do to get them to move back to Florida?
2006-07-20 15:08:05 · 12 answers · asked by xvols88 1 in Family & Relationships ➔ Marriage & Divorce
Yes its very possible.. because you are married and the father of the son, you can POSSIBLY make her come back to the state.. im not 100% positive , because she already has moved out of state, but when i was with my abusive bf, we have a little girl and all my family lives in Florida and we were in Wyoming at the time.. i was told by someone he could get me for kidnapping our daughter.. so i called a lawyer.. prior to leaving, and she told me that because we arent married, and he doesnt have a judgement in place, that i could willingly leave the state, but if we had been married a judge could make me stay in the state till my child was 18 , so she told me to hurry and get out of the state before he got a judgement to make me stay.. so i know for sure its possible if she were still in the state, but since she's already out of the state, im not sure but because your married still they can perhaps make her come back.. definately consult a lawyer..
2006-07-20 15:24:39 · answer #1 · answered by brwneyedgrl 7 · 0⤊ 1⤋
You can not make her move back. In Texas, if she left you and moved that far she has to provide half of the transportation for visitation (half of the cost of airfare or meet you half way). I am not sure about your state. How long ago did she move? The papers must be filed in the county where the child resides - and has for the last 6 months. If she moved less than 6 months then it will be in FL, if not you will have to go to NY to file. The advantage to being farther away is that even though you have less time with your child, you can choose when you see him. Instead of being told you have him the 1st, 3rd, and 5th weekends you get one weekend but of your choice. This works great because you can get all the long weekends - watch his school calendar.
Sorry to hear about the family splitting up - hope it all works out for the best for you. I know nothing about FL or NY law but what I did mention is the standard in TX.
Good luck!
2006-07-20 22:16:21 · answer #2 · answered by Toni 3 · 0⤊ 0⤋
First don't let her file first because if she has,... then no you can't do a damm thing unless you plan on spending ever last cent you have! (even then no). But there is a bright side...Do you heve visitation? Take a weekend to visit your kid and then have papers ready that next Monday morning...just remember don't get you kid for selfish reasons because by yourself man or women a child is a lot of responsibility!! Also the younger the child the closer to the mother they usually are ..iF THE CHILD IS BETWEEN 7-12 THEN THE FATHER IS USUALLY THE GUY!!
2006-07-20 22:42:09 · answer #3 · answered by Dark Knight 3 · 0⤊ 0⤋
Get a lawyer and file quick. If she gets residency you'll pay for the child support for that state and it may cost more. About your son...once the divorce is finished she can move almost anywhere. Sorry but that's the law.
Check out the following website. It can answer your questions better than I can.
http://www.condomsbrasandstraightjackets.com/
Good luck.
2006-07-20 22:12:51 · answer #4 · answered by hoyhoydc 3 · 0⤊ 0⤋
Try to negotiate a custody arrangements with your wife. Consider what's best for the child and not just what you want. Make sure that your child support payments are documented and also be prepared to prove that you are better suited (financially, emotionally) to be the custodial parent.
If you have not been doing these things, you may only be allowed visitation rights.
Get a good attorney so you know your rights.
2006-07-20 22:17:01 · answer #5 · answered by anosey1 4 · 0⤊ 0⤋
Get as much info as possible about where she and the child is. File the divorce, normally the judge makes the specifications on how the custody will work.
2006-07-20 22:14:05 · answer #6 · answered by rodeoweaver 1 · 0⤊ 0⤋
Another case of American Blind Justice. Get a badder lawyer than hers. Isn't that awful?! But true. My buddy got an average lawyer who went up against his ex's 6 Italian brothers ALL LAWYERS! Oi Vay! Was not a pretty thing.
Seems like a reasonable fight in your favor anyway. But if her lawyers badder than yours, you screwed. Get your check book out and start writing!
2006-07-20 22:22:50 · answer #7 · answered by Tommystune 3 · 0⤊ 0⤋
Depends, he is her son, too, but it sounds like she took him to NY to try to prevent you from sueing her for custody in FL. Get a lawyer ASAP. You can't make her move back, but you might be able to get the custody case done in FL.
2006-07-20 22:13:14 · answer #8 · answered by sweets 3 · 0⤊ 0⤋
if she spends more that 30 days in that state then she can file divorce with residency there and you will have to fight it there
2006-07-20 22:32:28 · answer #9 · answered by zether 6 · 0⤊ 0⤋
For heavens sakes.....why are you asking these questions on Yahoo??? You don't sound too intelligent!!! If you cannot figure out what to do then you do not deserve to be with your son!
2006-07-20 22:21:00 · answer #10 · answered by Anonymous · 0⤊ 0⤋