What if my husband filed for divorce out of State and Custody? Does he have more of a upper hand on the situation since he's only suppose to have them for one month this summer and didnt' return them into my physical custody?. My Attoney told me i have to file for 911 custody here in the state i live in and file a suit on my husband for childsupport back pay in the State of VA. ?.
2006-10-09 06:36:13 · 2 answers · asked by tyedyebutterfly 1 in Family & Relationships ➔ Marriage & Divorce
Have you already filed a parental order? Or has a judge already given you custody and him visitation? If so, take the order and the child's birth certificate to the state that your husband is in and retrieve the child. Ask the local police to do a citizens stand by so they'll be there if anything goes wrong. If you already have a custody order, he's in contempt of court and you can legally pick up the child at any time after his visitation period has ended. I would also make sure to file a contempt of court case. This will be an ace in the hole when he goes to court for the divorce.
If you don't have any of these things yet. Get, school records, shot records, medical records, a copy of your lease (which should have your child's name on it), statements from anyone that knows that the child was living with you before the visit.
2006-10-09 07:30:28 · answer #1 · answered by andi b 4 · 1⤊ 0⤋
I don't know about upper hand, but I do know the state in which you filed sucks. I'm sorry, but I have lived here for 4 years and nothing works here except for money. I suggest you get the best lawyer and pay out the butt so you can get your kids back and your child support. My ex-husband tried to take my kids from me but he had no chance. Money talks in this messed up state. Good luck.
2006-10-09 13:40:34 · answer #2 · answered by cookie 6 · 0⤊ 0⤋