Noncustodial parent in another state

[boxman]

What is the name of your state? I live in Indiana and my ex-wife lives in Alabama. I have had physical custody of our son for seven years. If she keeps our son for the summer can she claim custody of him after so many weeks and try to keep him with her.

 

[LdiJ]

What is the name of your state? I live in Indiana and my ex-wife lives in Alabama. I have had physical custody of our son for seven years. If she keeps our son for the summer can she claim custody of him after so many weeks and try to keep him with her.

She is free to file for custody at any time. Whether the child is in her physical possession at the time or not.

However, Indiana has jurisdiction and will continue to have jurisdiction. Therefore she couldn't legally file in Alabama. She could try, but a competent attorney could easily get the case dismissed and get her ordered to return the child to you.

 

[meandmykids]

Do you have a court order giving you custody, or you have just had him without one all these years? From what I understand, "Possession is 9/10's of the law.. even when it comes to kids.... If he goes with her and you have no court order saying he must return, I think she could keep him if she wants...