out of state divorce WITH children

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tigerlilly09

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The soon to be ex husband lives in Tx. The soon to be ex wife took the kids and moved out of state. Does this change everything? Can they still do uncontested? Does her moving the kids away take away her right to get any kind of support or have rights to any assets?
when buying a house during the divorce, does the lender need her information for him to get a govt loan?

basically.. because she took the kids out of state did she give up her rights to everything?


"In order to obtain a divorce in a state, you must satisfy the requirements for residency in that state (typically living in that state for three to 12 months). Even after you satisfy those requirements, the state may grant you a divorce but have no jurisdiction to decide the other issues of your divorce (like property division, support and custody), because there may not be personal jurisdiction over your former spouse, because he or she is in another state"

does this mean that she cant take a house he may buy, or ask for support?

could this be true for non contested?

"she asked if I could file and have her come back to texas and her laywer said no cause kids are in ct and the case woule be thrown out"
 
The Dad should file for divorce ASAP in his state before mom meets the residency requirements in her state. Mom can still file for divorce and still get child support if Dad does nothing. No, mom does not lose all rights just because she moves but Dad needs to act if he wants the kids returned, or wants custody. He should not assume mom is able to move anywhere with the kids.
 
she moved 2 yrs ago. and he let her.

she is saying that he cant file here in this state because she has the kids. if we can get her to do uncontested... then he can file here right?
 
she moved 2 yrs ago. and he let her.

she is saying that he cant file here in this state because she has the kids. if we can get her to do uncontested... then he can file here right?

He will have to consult with an attorney. It is possible to file in Texas if the children still have a significant connection to Texas; that is, they have visited their father or other relatives during the past 2 years. If not, then Texas may no longer have jurisdiction over the custody issues.
 
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