Home state laws

writingmachine · 07-07-2008, 12:50 PM

What are the laws about getting custody in a state that you recently moved to? My wife and I moved from Oregon to New York City 4 months ago. We have a daughter together. We moved here because she cheated on me and we decided to start over in NY where we have more family. Well, she's cheating again and now abusing drugs and alcohol, as well. I will probably have to file for divorce soon, but am afraid that she will want to move back to Oregon. I cannot transfer my job back there at this time. If we divorce, what will happen to my daughter? Will she be forced to move back to Oregon with her mother? She loves her mother but I fear for her well-being. Please help!

huffamuse · 07-07-2008, 01:32 PM

If you can prove the drug abuse it is unlikely in any state that they would give her custody.

writingmachine · 07-08-2008, 05:21 PM

But which state would the hearing be held in?

07-08-2008, 05:53 PM

New York should be okay...

In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or

3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or

4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action

07-07-2008, 12:50 PM	#1
writingmachine Junior Member Last Online: 07-10-2008 10:38 AM Join Date: Jul 2008 Posts: 2	Home state laws What are the laws about getting custody in a state that you recently moved to? My wife and I moved from Oregon to New York City 4 months ago. We have a daughter together. We moved here because she cheated on me and we decided to start over in NY where we have more family. Well, she's cheating again and now abusing drugs and alcohol, as well. I will probably have to file for divorce soon, but am afraid that she will want to move back to Oregon. I cannot transfer my job back there at this time. If we divorce, what will happen to my daughter? Will she be forced to move back to Oregon with her mother? She loves her mother but I fear for her well-being. Please help!

07-07-2008, 01:32 PM	#2
huffamuse Veteran Member Last Online: Yesterday 10:51 PM Join Date: Jul 2008 Location: Hendersonville, NC Posts: 66	Re: Home state laws If you can prove the drug abuse it is unlikely in any state that they would give her custody.

07-08-2008, 05:21 PM	#3
writingmachine Junior Member Last Online: 07-10-2008 10:38 AM Join Date: Jul 2008 Posts: 2	Re: Home state laws But which state would the hearing be held in?

07-08-2008, 05:53 PM	#4
Unregistered Posts: n/a	Re: Home state laws New York should be okay... In order to file for a divorce in New York, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: Required residence of parties. An action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action

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