Family Law Questions? Ask a Family Lawyer Online.
Dear JACUSTOMER - Contrary to popular opinion it would not have been "kidnapping" had you taken your son unless there was a court order prohibiting you from doing so. Each parent has an equal right to their child so you could have easily moved with your child and then the PA courts would have had the jurisdiction. However now the jurisdiction is in Colorado where your child is located. So once you establish residency you can file for divorce in PA but the court is not going to have the jurisdiction to order custody for the child unless your husband files an appearance. So you would end up with a divorce but no custody order until you registered the case in CO and dealt with the issues of custody in that state. At this point you are not a resident of either state so you would have to move back to CO and then file your case there or file your case in PA once you establish residency and then register the case in CO for the purpose of custody and visitation. Until there is some court order for custody you technically have the right to go to CO and pick up your child and take him to PA. Obviously I have no idea how you would get the child away from your husband without a confrontation but if you can you are the legal parent the same as the father and have just as much right to your child as your husband. I can't solve the problem of the cost of attorneys however you can contact your local Bar Association and see if you can find a low cost or pro bono attorney to assist you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).