I will try and expain this in the shortest way possible.
Back in November of 2003, my ex-husband and I legally separated in the state of North Carolina. Nothing was filed, no one was served. He is in the military and was sent overseas. He sent my daughter over to California where I moved shortly after. Our daughter has been living with me since. I filed for divorce in September of 2005 and filed for joint custody giving him visitation rights. My lawyer advised me that the separation agreement could be changed and since we were now legal residents of California I could file here. So I had him served with the papers when he was visiting on leave. In the papers it states that he cannot leave the state without my written consent or a court order. He tried to leave the state with her and the police forced him to relinquish custody to me. He's now saying that I lied on the divorce summons saying that nothing was filed in a different state, which nothing was filed. We just formed a legal separation agreement. I think he is just full of hot air because I want custody of our daughter and he can't take her away from me. Now he's asking if she can come visit in North Carolina for a couple of weeks. I am reluctant to allow this because he tried to take her out of state and violate the court order. I told him that the only way she could come out was if I brought her out, stayed out there, and brought her home.
My question is this, do I have a fighting chance against this? Was I wrong to file divorce in this state? Should I allow her to go out there? Or should I just say no and that he will have to wait until he gets leave or gets stationed here in May? Please help me!
Back in November of 2003, my ex-husband and I legally separated in the state of North Carolina. Nothing was filed, no one was served. He is in the military and was sent overseas. He sent my daughter over to California where I moved shortly after. Our daughter has been living with me since. I filed for divorce in September of 2005 and filed for joint custody giving him visitation rights. My lawyer advised me that the separation agreement could be changed and since we were now legal residents of California I could file here. So I had him served with the papers when he was visiting on leave. In the papers it states that he cannot leave the state without my written consent or a court order. He tried to leave the state with her and the police forced him to relinquish custody to me. He's now saying that I lied on the divorce summons saying that nothing was filed in a different state, which nothing was filed. We just formed a legal separation agreement. I think he is just full of hot air because I want custody of our daughter and he can't take her away from me. Now he's asking if she can come visit in North Carolina for a couple of weeks. I am reluctant to allow this because he tried to take her out of state and violate the court order. I told him that the only way she could come out was if I brought her out, stayed out there, and brought her home.
My question is this, do I have a fighting chance against this? Was I wrong to file divorce in this state? Should I allow her to go out there? Or should I just say no and that he will have to wait until he gets leave or gets stationed here in May? Please help me!