My son filed for divorce in December - he is in the military in Texas-his wife knew he had filed and knew the papers would be served. She took the kids and left for Georgia and was eventually served in Georgia. She has now filed for divorce herself in Georgia based on something with jurisdiction. How could this be? I can't find anything to explain this. She was to appear in court did not and stated she herself has now filed. The big problem here is my son wants custody of the children. Does anyone have any knowledge of the how she can file when she has been served?
How long has she lived in georgia? I thought you had to live in another state for so long before you could file in that state. Your sons lawyer should be able to answer that question. I can't see where it would effect him trying to get custody.
Sorry to hear this.......I too was married to someone in the military...You son should have filed with the court to make sure she could not leave the state with the kids..Since there was nothing in place as the mother she had a right to take them......If her homestate is Georgia she can file there on her own behalf.....Sad to say your son is in for a long haul. And unless your son can prove her to be an unfit mother they will most likely share joint custody and the children will reside with the mother.. Tell your son to think of the kids in all this and what is best for them regardless how he feels about the mother his main focus should be what is best for them.I wish his luck and you as well:)
She has to be in GA for at least 6 months to have jurisdiction here. If he filed there first and it hasn't been thrown out of court he can still have her served. He may need a GA atty to get hers thrown out though, whether she claims to have known he filed or not in TX (as long as he filed first in court). Anyway if the property they share is in TX, GA has no jurisdiction over it so she will want to come back if she wants half etc, then he can get to see the kids.
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