What to do if my wife traveled out of state with our child in order to go to school but after 5 months she had me served wirh divorce papers?

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What to do if my wife traveled out of state with our child in order to go to school but after 5 months she had me served wirh divorce papers?

She said she would return after one semister.What will helps as far as child custody?

Asked on April 23, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Leaving with no intent to return is kidnapping under the law in most states.  Now, he may have intended to return but then something happened and she decided to end the marriage.  If, however, you want to fight for custody you need to do so in the state in which the child resides.  I would suggest that you seek legal help here. You are entitled to custody as much as she. Good luck.


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