Thursday, December 30, 2010

Boise Divorce Attorney Discusses Custody Across State Lines

As a Boise Divorce Attorney I often get calls from people who live in other jurisdictions and have been served Idaho divorce papers. Here's how the calls go.

"My wife left me with the kids 6 months ago and moved to Idaho. I have visited the kids in Idaho and I thought I was on good terms with my wife and now she just served me with divorce papers. I live in a different state and if we are going to get divorced I want the divorce to take place in my state."

Here's the problem. They generally have waited too long to get the divorce in their home state. What that means is they will have to have the divorce in Idaho. This is because once you have been in the State of Idaho for 6 weeks, Idaho has jurisdiction. This applies to the children in this case as well because in effect by not approaching your home court when your children were taken from your state and by voluntarily visiting your children in Idaho, you have submitted to Idaho jurisdiction for child custody.

This scenario, however, is different if the children are illegally taken from the state as in parental abduction cases. When you know your kids have moved with their mother and you visit them it shows a form of consent.

This isn't necessarily a bad thing, however. You can still get the divorce, you can still resolve child custody, get visitation etc. You, however, cannot make her come back to your state. As a Boise Divorce Attorney I think the main thing that is bad about this is if you aren't the primary physical custodian, visitation becomes a long distance visitation scenario which will be discussed in a subsequent blog.

11 comments:

  1. I haven’t any word to appreciate this post.....Really i am impressed from this post....the person who create this post it was a great human..thanks for shared this with us. family law firm in Albuquerque

    ReplyDelete
  2. Nice post! This is a very nice blog that I will definitively come back to more times this year! Thanks for informative post. Child custody

    ReplyDelete
  3. family law, I admire this article for the well-researched content and excellent wording. I got so involved in this material that I couldn’t stop reading. I am impressed with your work and skill. Thank you so much.

    ReplyDelete
  4. criminal law Wow, cool post. I'd like to write like this too - taking time and real hard work to make a great article... but I put things off too much and never seem to get started. Thanks though.

    ReplyDelete
  5. Thanks for a very interesting blog. What else may I get that kind of info written in such a perfect approach? I’ve a undertaking that I am simply now operating on, and I have been at the look out for such info. how to answer a lawsuit for debt collection in texas

    ReplyDelete
  6. share information with us. we will always appreciate all you have done here because I know you are very concerned with our.
    Michigan Criminal Sexual Conduct Defense Lawyers

    ReplyDelete
  7. Wow, cool post. I'd like to write like this too - taking time and real hard work to make a great article... but I put things off too much and never seem to get started. Thanks though. Divorce Lawyer Overland Park,

    ReplyDelete
  8. Excellent article. Very interesting to read. I really love to read such a nice article. Thanks! keep rocking. us lawyer directory

    ReplyDelete
  9. cool stuff you have got and you keep update all of us. accident lawyer in dc

    ReplyDelete
  10. This article gives the light in which we can observe the reality. This is very nice one and gives indepth information. Thanks for this nice article. Hawaii medical malpractice attorney

    ReplyDelete
  11. I think this is a really good article. You make this information interesting and engaging. You give readers a lot to think about and I appreciate that kind of writing. Boat accident lawyer

    ReplyDelete