Here’s the dilemma. My daughter (B)and her husband are splitting up. She just told him last week that she’s finally made up her mind. It’s been a long time coming, but that’s not the point.
I’ve been looking online at some things and the way I read things, “B” can legally pack up and leave the state of Indiana and come to NC with “D” (her daughter) right now. She can do this because there are no court orders or anything yet, correct? No divorce papers or custody papers have been filed. I also read that she would have to establish residency in NC (6 months) in order to file for divorce and/or custody in NC. That would give NC jurisdiction over the divorce and custody case. So, with all that being said, what are his legal options during that first 6 months? I know he can file in Indiana and that would give Indiana jurisdiction, but could they force “B” to come back to Indiana during that 6 months?
She hasn’t said she is going to come here, but I’m going to propose all this to her. She has NOBODY up there and he has his entire family and her husband has already got them all turned against her. I just think it would be better for her to come here where she has family now so she can think things through and decide what she wants to do. She has a minimum wage job and basically nowhere to go up there. She doesn’t want to take “D” from her husband and not let him ever see her, that’s not what this is. But he’s already said he’s going to try to take full custody from her. She’s a great mother and he has no grounds whatsoever to get full custody.
So, I’m pretty sure talking to a lawyer is the best advice right now. I guess I just want to make sure she isn’t going to get herself in trouble for coming to NC if I can convince her to do it and make sure it isn’t going to look bad if it did come down to a court battle for custody that she did.