Worried

[MaryEmma27]

My soon to be ex husband and I moved to a new county in July. The first part of August we separated. I have now been in the county for 90 days. I have established my daughter in school since August. His parents called and both questioned her if she was in school. I found out he had taken off back to a county which is right next to the county we were living in before we moved. My worries are he will claim he never left and will say I took off with her, yet I can prove he was in rehab in the county I am in for the last 30 days. Will the courts believe him and give my daughter to him until we finalize, if he files first. Or because she is in school will they leave her with me. He also abused drugs so that was why he was in rehab.

 

[irish223]

If you can prove that he moved with you in July, then it shouldn't be a problem. Is his name on the lease, or did he change his address with the post office? Also, if he hasn't established residency in the new county, then he can't file yet. Why not just file first if you've satisfied the residency requirement?