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    buttercup1953 Posts: 1, Reputation: 1
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    Jun 18, 2013, 05:03 PM
    Can a mom leave state with children if father has filed for divorce?
    Is it legal for a mother to leave the state with children and after being served with divorce papers try to change venue to the state where she fled to after divorce proceeding has started in original state where husband filed for divorce
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    AK lawyer Posts: 12,592, Reputation: 977
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    Jun 18, 2013, 05:56 PM
    is it legal for a mother to leave the state with children and after being served with divorce papers
    Depends on the law of the state.

    is it legal for a mother to... try to change venue to the state where she fled to after divorce proceeding has started
    The court in the second state, upon proper motion, would probably dismiss or stay the divorce action, upon being shown that a divorce proceeding is already pending in the first state. And the courts of the first state have exclusive jurisdiction to determine child custody.
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