What are my rights if my wife took my son and went to visit her parents out of state, and now informs me that she and my son are not coming back?.

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What are my rights if my wife took my son and went to visit her parents out of state, and now informs me that she and my son are not coming back?.

It was meant to be a temporary vacation. After 3 months and her now attending school, she states that she refuses to return where I have a place to live and a steady job that I’ve been at for 4 years. Is there anything can do to get my wife and son to come home.? There is no divorce or separation.

Asked on June 16, 2015 under Family Law, Kansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You need to set a court date�for a custody hearing. If you wait until she establishes residency in the state in which she is now living, she can file in there. And she has been living there for 3 months already. Once you go to court, she can be ordered to return to the state; if she refuses she can be charged with parental kidnapping.

Again, you need to take action ASAP. Consult directly with an attorney in your area who specializes in custody cases. They can best advise you as to your rights and remedies under specific state law.


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