Question:
I was fooled into believing my wife when she asked me to let her take the kids to another state, 425-miles away from their home state, so they could go to better schools. I was told it was a "temporary" situation just to see how the kids did in school. However, before the year was over, I was told she filed for divorce. They are living with her parents at the present time. Needless to say, it has been a very painful experience, not having daily connection with my children, or even frequent connection. I want to know if there is any way or what is the best way to try and get the children back to my home state, or if there are any rules that cover this topic in my home state? We only have temporary agreements at this point, but the final hearing is coming up soon. Thanks.
Answer:
I must preface my answer by saying I am not licensed to practice law in Delaware. Every state will have different laws concerning jurisdiction (where the case should be heard). Every state will also have residency requirement for filing the divorce. Many states have adopted the Uniform Child Custody Jurisdiction Act. This law governs jurisdictional disputes between states. You should consult an attorney in your state to determine whether Delaware has adopted this law. Keep in mind that there are usually very specific procedures you must follow to object to jurisdiction and if not followed you may waive your right to object to the jurisdiction of another state. I strongly recommend consulting an attorney if you are attempting to make a jurisdictional argument.
