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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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I moved back home to PA from CO My husband and son were to

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I moved back home to PA from CO My husband and son were to follow. I was mislead and now he said they are not moving back. I didn't take my son because he wouldn't let me and if I would have taken him I'm under the understanding that it would be kidnapping.I came here with a full time job with benefits and have always taken care of my sons benefits, he is four years old.My husband has a red card in CO and smokes weed everyday, he is always stoned, he has no job and our home is being foreclosed on and he soon will be evicted. He has an MBA in accounting and won't use it. He continuously gives me hope and then takes it away. I don't know if he is bi-polar or just nuts from the weed.According to CO law and every CO attorney I have talked to said I look bad for leaving my son. It doesn't matter that I was mislead. CO law says it doesn't matter that he has no job smokes weed or is getting evicted I'm the one that looks bad.My husband works odd jobs and gets paid in cash. He hid money from me wouldn't give me money.Do I need to go back to CO to fight this? I work at Starbucks and don't make enough money to survive on my own, I need to be in PA where I have my family. Would I have a better chance to stay in PA and file for custody and divorce, but I need to be here 6 months before I'm a resident and can get an attorney to talk to me. Right now no PA attorney will talk to me or give me advice because I'm not a resident. PA laws are all for the mother. Co says I'm a bad mother and my husband is looking real good right now even with everything that is going on.I face time everyday with my son and he says he wants to come with me ,my husband hears this. I wouldn't put it past him to try and get rid of me so he could have his son to himself. Needless to say It's going to be very hard for me to pay an attorney when they $250.00 to $350.00 an hour.

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.

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