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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111675
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son and his wife have separated and have fallen on hardship.

Customer Question

My son and his wife have separated and have fallen on hardship. She will be moving back home and so will he (both out of state). They have two children. How do we go about establishing visitation and child support for him if they will be going home to their own states?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your son needs to file divorce in the state before he leaves and get the process started on the divorce, because it is through that process your son will be able to establish custody and support order before they leave the state. It is only through those orders that custody and support and visitation are established unless he and the ex would be able to agree on a written plan for custody and visitations and support that they would submit with the divorce.
As far as any grand parent visitation, that is solely up to the parents as the US Supreme Court in the case of Troxel v. Granville has stated that the fundamental right to decide for the children belongs to the parents, which means grandparents no longer have inherent visitation rights.
Once the divorce and custody is filed in the current state, because neither has residency in the new states to file divorce, then the court order is issued and your son can then file the order in his new state and the ex wife's home state to ask the courts in those states to enforce this order.

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