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    chelle68's Avatar
    chelle68 Posts: 1, Reputation: 1
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    #1

    Jul 26, 2012, 12:37 PM
    Arkansas law on mother leaving the state with a child if father
    My son is married but separated, the mother has moved to another state, divorce hasn't been filed yet, can we make her come back to Arkansas
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Jul 26, 2012, 12:59 PM
    No you can't make her come back. But you can force her through the courts to relinquish the child if she is unwilling to return. Your son needs to get the Divorce started and filed along wwith custody.

    How long has she been out of state?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 26, 2012, 02:52 PM
    Quote Originally Posted by califdadof3 View Post
    ... But you can force her through the courts to relinquish the child if she is unwilling to return. ...
    That is to say: he can ask the court to do that. Whether it will is anybody's guess. And he only has 6 months after the child was moved, if he wants to file in Arkansas. After that, he would have to file in the other state.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 26, 2012, 03:32 PM
    The Son can and should file at once a motion in court for an emergncy hearing and ask for temp custody of the children and a hearing. This can force the children to be returned to the state.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Jul 26, 2012, 06:04 PM
    Quote Originally Posted by Fr_Chuck View Post
    The Son can and should file at once a motion in court for an emergncy hearing and ask for temp custody of the children and a hearing. This can force the children to be returned to the state.
    It would depend upon the history of visitation. If the father has regularly seen the child and the mother left yesterday, it would be more likely that the court would award temporary custody than if the mother left the state 5 months ago and the father hasn't lifted a finger since then (especially if his visitation was sporadic before she left).
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #6

    Jul 26, 2012, 07:11 PM
    Quote Originally Posted by AK lawyer View Post
    It would depend upon the history of visitation. If the father has regularly seen the child and the mother left yesterday, it would be more likely that the court would award temporary custody than if the mother left the state 5 months ago and the father hasn't lifted a finger since then (especially if his visitation was sporadic before she left).
    They are still married and no papers have been filed yet. There is some kind of separation going on. So we are going to have to wait for the OP's return and answer how long the children have been out of state. Since nothing is filed and they are married there is no consideration for visitation at this time.

    There must be a filing first to start the process.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jul 27, 2012, 03:51 AM
    As you can see, you left out some key pieces of info here. Like how long they were separated? Whether it was a legal separation or they just lived apart? How involved was your son in his child's life? If the separation was a legal one was there any provision made for visitation? Were there any court orders at all? How long ago did she move and what has your son done about it in the interim.

    If you can answer those questions we can give you some clearer advice. Without answers, the only thing we can say is he needs to consult an attorney and file for divorce immediately.
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