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Gregory T.
Gregory T., Lawyer
Category: Family Law
Satisfied Customers: 75
Experience:  J.D. degree, solo practitioner
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Im looking for information to get a divorce and child custody.

Customer Question

I'm looking for information to get a divorce and child custody. I don't know where I should file since my family and I moved out to New York State back in August 2010. New York law seems to read that a person must be living in the state for 1 year to be a resident. And at least 1 of the parties must be a resident to file. If neither of us in a NY state resident then it states in must go back to the previous state. We moved from Michigan - Michigan law states that the couple must have lived in the state for the past 6 months. Where should / how would a person start the process.
Submitted: 3 years ago.
Category: Family Law
Expert:  NateFamilyLaw replied 3 years ago.
Thank you for your question and welcome to JustAnswer.com.

Are you both in agreement regarding the need to divorce, and are you both in New York presently?
Customer: replied 3 years ago.
both agree that divorce in needed - we are both still in NY State but she wants to take kids back to Michgan.
Expert:  NateFamilyLaw replied 3 years ago.
If you both assent and agree to jurisdiction and venue in New York, the courts will allow you to proceed. Jurisdiction only becomes an issue if one person objects. Then, because of the conflicting state laws, the question would be which state would have the best jurisdiction.
Customer: replied 3 years ago.

 

The battle will be about child custody. She wants it in Michigan due to the fact she believes it will give her an advantage from what I gather from the little she's told me. She intends to simply take the kids as soon as she finds that she's ready. I believe she's waiting for school season to end. I do not want to take it back to Michigan since I'll need to travel there for court and I have the feeling if she takes the kids back then the court system is going to show that they are established there. Not to mention I will not have any time with them to contunie to take care of them to prove it's in there best interest. There's 3 kids - 2 oldest are teens and are my step children. The youngest is my natural son. Due to my oldest step daughter getting pregnant my son has not been getting any attention from his mother over the course of the past 3 months. So the idea on us agreeing to anything is a very small chance.

Customer: replied 3 years ago.
Relist: Other.
Hasn't finished answering question and is vague.
Expert:  Gregory T. replied 3 years ago.
Hi,

Maybe I can be of assistance. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) the proper jurisdiction is the place where the children have been living for the previous six months prior to filing. Since the children have been living there since August of 2010 New York is the proper jurisdiction. Michigan no long has proper jurisdiction and will not be able to have jurisdiction unless your wife is fleeing and asking a Michigan court to take emergency jurisdiction or she and the children make the residency requirement again.


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The above information is not legal advice and intended for entertainment purposes only. Any communication will not constitute an attorney-client relationship.

Gregory T., Lawyer
Category: Family Law
Satisfied Customers: 75
Experience: J.D. degree, solo practitioner
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