If my son filed for divorce in his state of residency but his wife filed for separation in another state after he filed, which state has jurisdiction?

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If my son filed for divorce in his state of residency but his wife filed for separation in another state after he filed, which state has jurisdiction?

My son filed for divorce in his residency state; his wife who took their daughter out of state 3 weeks short of being a resident in my son’s state (6 months) and then filed for separation and temporary custody. My son filed before she did, so will his state still be the state of jurisdiction. If so, will his wife have to bring their daughter back?

Asked on June 18, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written, since your son who was a resident of the state that he filed for a marital dissolution BEFORE his wife filed for separation and temporary custody, his matter would contol all issues between he and his wife in his state of residence as opposed to the wife's state of residence.


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