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  1. #1
    Join Date
    Aug 2005
    Posts
    1

    Default Divorce Issue, please help if you can

    We got married five years ago, in Erie, Pa. I moved out 1 yr later and he moved his girlfriend in. We had a custody arrangement filed up there, and then he moved to California with his girlfriend and I moved in with my parents (took our two kids) to West Virginia.
    For four years his precense has been almost nothing as far as the children go. His financial support has been nonexistant.
    So four years later I finally get the spirit to go out into the world and try again, make the decision to move to Florida with a man who is really amazing to me and our kids. Were planning the move for the first weekend of September. I tell him and give him the new address so he has a new place to not send support to. and Then today..
    Today I get divorce papers handed to me from california and they say I cant leave the state until the things done with. He wont respond to my asking for his permission to go, and I dont know what the hell it would matter or if it just applies to California and I cant find the answer on the net. So if anyone knows California laws and could touch base on the subject for me it would be greatly appreciated.

    I

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Interstate Divorce and Custody Problem

    Your best approach is probably to consult a local lawyer about your situation, and to look into filing a divorce and custody action in West Virginia, and asking that California surrender any jurisdiction to West Virginia under the states' respective versions of the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

    Given that neither you nor the children have ever lived in California, it seems unlikely that California will attempt to retain jurisdiction over the child custody issues in the event that you commence a West Virginia custody action.

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