This PAST July? The new state does not yet have jurisdiction over your child if you do not give him jurisdiction. And she probably does not have long enough residence to file divorce, though some states will allow an immediate filing for a formal separation.

Yep, you'll need a lawyer in the other state to file to dismiss that case, but what happens is the judges in the two states will talk, the lawyers in teh states will talk, and pretty much everyone will agree (though of course HER attorney will fight tooth & nail over it) that she can stay there if she wants, and she might even be allowed to keep the kid there, but the custody battle will be waged in the kid's home state (wherever he's lived for the past 6 months, NOT the past 6 weeks).