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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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grammie asking for help My son just took hia family to nc

Resolved Question:

grammie asking for help
My son just took hia family to nc 4 days ago to see his wifes grandmother who is dying. (they just moved to wash state in june) Afterbeing there 2 days the wife told my son she is not happy in wa and the best thing for them right now is a divorce and asked him to leave. ( they are staying at her mothers house) NO money and no where to go he lef, now he wants his son and will leave the state to come backhome to wa. She wont let him have his son and enrolled the child in school. What can he do right now to get his son and get back home to wa?
Submitted: 7 years ago.
Category: Family Law
Expert:  Dave Kennett replied 7 years ago.
DearCustomer- Since he is a resident of WA he can file an action for divorce there. His wife has not been in NC long enough to establish residency so he can get the jurisdiction in his home state. Child custody can be enforced across state lines so he can ask the court for temporary custody of his child when he files for the divorce.

I would strongly suggest that he obtain legal counsel as this can get complicated. He needs to get this done before his wife can establish residency in NC otherwise he would have to travel there to contest the divorce and custody etc. If he can get the case started in WA the shoe will be ont he other foot and she will have to contest the case in WA.

Dave Kennett
Customer: replied 7 years ago.
I don'tknow if u understood my question exactly. (sorry) they lived in nc untill june of this year, but went back to nc for emergency , so she is nota nc resident still? he is also in nc now this just happened yesterday.
Expert:  Dave Kennett replied 7 years ago.
Neither of them are a resident of either place at this point for the purpose of filing for divorce. Since the child is in NC he will have to address the issue there. He can alleged parental kidnapping and see if the authorities will act but it will be up to the local police. Otherwise he is going to have to get an NC attorney to assist.

Customer: replied 7 years ago.
so even tho they have been in wa for 90 days (which i was told is how long u need to be there to be a resident) they are't residents there? I'm confused
Expert:  Dave Kennett replied 7 years ago.
Well I wasn't certain of the exact number of days. If he has been a resident for the required time then he can file in WA. He needs to get something filed and he needs an attorney since this is not a simple case. She certainly is not a resident of NC.

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