wife took my son to spain

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dima3264

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me and my ex used to live in maryland. we agreed to seperate. each one of us went to iraq (seperately) with a US convoy. when we returned i moved to chicago to do my medical residency and she moved to spain. she took the kids. i have been living in chicago for 2 years and she's been in spain for 2 years. she came back to maryland and filed for a divorce. she lied and said she lived in maryland and put our old address, but she wasn't living there. i didn't go to court in maryland and she got full custody and child support. as soon as she got them she left back to spain.

i want my kids and am not paying child support ( i don't even know where to pay). can i invalidate her divorce decree in illinois since she wasnt a resident of maryland (she lied to the courts).

please help
 
You desperately need an attorney. Why didn't you see an attorney when she filed for divorced in MD? Because you did not show up to court or argue MD did not have jurisdiction, sounds like she won in default.
 
dima3264 said:
me and my ex used to live in maryland. we agreed to seperate. each one of us went to iraq (seperately) with a US convoy. when we returned i moved to chicago to do my medical residency and she moved to spain. she took the kids. i have been living in chicago for 2 years and she's been in spain for 2 years. she came back to maryland and filed for a divorce. she lied and said she lived in maryland and put our old address, but she wasn't living there. i didn't go to court in maryland and she got full custody and child support. as soon as she got them she left back to spain.

i want my kids and am not paying child support ( i don't even know where to pay). can i invalidate her divorce decree in illinois since she wasnt a resident of maryland (she lied to the courts).

please help
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I saw an attorney and they told me what you said, that she won in default. they told me illinois won't reopen another state's family law decision except on rare occasions. like, if maryland never had jurisdiction to issue a final decree since my wife was not a resident of maryland. the lawyer said it's complicated and still not a sure thing. is this correct?
 
Well your best bet is to speak with a MD attorney and see if you can appeal but you probably have already passed the appeal time limit. I would still track the ex wife down and see if you can serve her with custody modification or have an attorney appeal that you were not properly served and that MD did not have jurisdiction but if you were properly served and did not show up regardless of jurisdiction that poses a problem. Whew that was a long sentence.

Do you have a copy of the judgement? I would be calling around to MD family law attorneys to see if anyone can help you.
 
can i do anything from here?

Duranie said:
Well your best bet is to speak with a MD attorney and see if you can appeal but you probably have already passed the appeal time limit. I would still track the ex wife down and see if you can serve her with custody modification or have an attorney appeal that you were not properly served and that MD did not have jurisdiction but if you were properly served and did not show up regardless of jurisdiction that poses a problem. Whew that was a long sentence.

Do you have a copy of the judgement? I would be calling around to MD family law attorneys to see if anyone can help you.
Click to expand...

So should I not consult with an IL attorney? Can Illinois do anything?
 
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