Question:

My wife and I have been married for 10 years. We have two boys, 3 and 5 years old. We moved to Hawaii 4 months ago with the intention of staying here no longer than 1-2 years because we had heard of how horrible the school system is here. After getting over here, she wants to stay forever. I absolutely do not want that and am planning on moving back to Oregon. She recently informed me that she would be divorcing me when we get back to the mainland because she thinks I am ripping her out of paradise.

If she files a motion to deny me leaving the state to go back home will it really hold since we have only been here 3-4 months? Should I file anything now or just wait until she tries to stop me? Also, once we are back in Oregon, what can I do to make sure I get at least 50/50 custody of our children?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• My divorce papers in one state order me to pay child support until my sons are 21. They now live in another state where emancipation is 18, so do I have to keep paying until they are 21?
• How long do I have or how do I go about forcing my wife to get the rest of her belongings out of my house so I can move on?
• Can my 17-year-old daughter refuse overnight visits with me?
• What can I do if my ex defaulted on a loan that is ruining my credit?
• What can I do if my child support was calculated incorrectly?
• My house is in the process of foreclosure. I have access to my 401k to stop the process and pay all our outstanding bills. Should I salvage the house and start fresh with zero debt just before we get a divorce?

Question: I have lived in New Mexico full time since 2007 and am a legal resident in this state. 

I’m still legally married to my wife, but she lives in California and cannot leave the state due to her felony probation terms. 

Can I divorce her while I live in New Mexico and she’s in California? 

A few details: I’m no longer considered a resident of California, I cannot afford to travel to the state, we have no children, and we have very little shared property.

Question: Is there a residency requirement in Kentucky before someone can file for child support? I know that someone must be there for 6 months to file for divorce. 

I live in Ohio, but my wife left and took the kids to Kentucky and now has filed for child support. It has only been 2 months since she left.

Question: My daughter was born in Texas. Her mother took her without my permission/knowledge, and went to Iowa. She has been there almost a week. Now my wife is refusing to come home, and she will not let me see my daughter. What can I do?