Please Help He Is Trying To Take My Son!!!!!

[pandora2494]

I got married almost 4 yrs ago i was a stay at home mom the marriage didn't work out. Six months ago my husband agreed to let me and my son move to California with my mom. I am on California State Human Assistance and I am now going to college full time to try to make a better life for my son and myself. TODAY I was served with divorce papers from Ohio and he wants sole custody of my son and child support.
Law professor or someone please help me what can I do.

 

[Michael Wechsler]

I got married almost 4 yrs ago i was a stay at home mom the marriage didn't work out. Six months ago my husband agreed to let me and my son move to California with my mom. I am on California State Human Assistance and I am now going to college full time to try to make a better life for my son and myself. TODAY I was served with divorce papers from Ohio and he wants sole custody of my son and child support.
Law professor or someone please help me what can I do.

You should speak to a divorce lawyer in California immediately. If you cannot afford one, try legal aid to at least get someone to assist you who can see the paperwork and advise you on the issue on how to handle the divorce proceeding and your husband's desire to handle this several thousand miles away from your home.

Most importantly you should not panic. Your case is so fact specific it is very difficult for anyone without an understanding of all the facts to discuss here. For example, since you lived in California for at least six months, it is possible that the Ohio court may not be the proper forum to discuss issues related to child custody. There is a lot going on here. Keep your cool and just concentrate on the fact that you having had sole custody of your child with your husband's consent will go a long way towards your being able to keep him. Hang in there.

 

[pandora2494]

thanks for the info im trying

 

[Duranie]

well since you did not file for divorce in CA, your husband has the right to file in OH therefore it sounds like they have jurisdiction, which will cause an inconvenience for you.

You really need to hire an attorney. Be prepared to prove your husband gave you permission to move, and be able to prove the move is in the childs best interest. Who is in CA with you? Just your mother?

For now you might want to speak to a CA attorney to see if there is anyway you can have jurisdiction changed.

Also since you are divorcing, you are almost definitely going to need to get a job because now that you are on state assistance, they are going to go after your husband for re-payment. You are going to have to find a way to support the child without depending on gov't assistance.