Because you have had the children in your care for the last two years then the court will give you custody. The law states that the parent that has the children for the last six months gets custody. But it has to be ordered though the court. This is what you need to do ASAP go file for divorce and ask for sole custody your wfle will get visitations but they will be stipulated by the court. She will also have to pay child support and you can't say you do not want it the judge will override you. You have the right to file and you are a resident there so that is where the divorce should be filed. In the divorce degree you want to have the judge stipulate that the children are not to be moved out of state by either parent and that you want the custody to be kept in the jusistiction of your state. That means she can't file down the road in another state. If she is living out of state then you can decide how you want her to have her visits but you must make sure that you have the judge stipulate that she is to pay to get the kids and to pay to bring them back. That way if she does not then legally you cannot be liable to let them go. I would sujest you file before she does because she can file in the state where she resides also but she would have to say she has the kids but she could lie and get the process going and then it a cost you money to fly there and fight her. Be smarter then her and if she has had or having any drug promblems she does not need to have the children in her care. good luck!
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Submitted 153 days ago...
What if a husband and his three children have been living in TN and the wife in MN (to finish education) then the wife decides not to come but wants
The children back? The children are returning to school Monday, they finished out last years school term here in TN. Would the husband need to file any papers to insure that if divorce becomes an issue it must be done in TN? Does the wife have the right to come and remove the kids? Bringing the children to TN was mutual decision to remove them from a very negative environment with wifes first chlid, (she was facing felony drug charges) had placed the children in potintal danger leaving them alone when she was to be babysitting (first child 17yrs of age) other three ages 4, 8,9. Please advise.
Submitted 151 days ago...
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