Long Beach, MS asked in Child Custody, Divorce, Criminal Law and Family Law for Mississippi

Q: My wife took our 1 yr old son to PA from MS because I wanted a divorce what would happen if I went and took him back

Mississippi residents I know there's no issue with a parent taking the child out of state without permission if there is no custody order so does that mean I can also bring him home from Pennsylvania since my wife and son are still Mississippi residents and we're still married she refuses to come home the only option she is giving me is to move there with no job little money and no car when I have a career and home here

1 Lawyer Answer
William R. Wright
William R. Wright
  • Divorce Lawyer
  • Ridgeland, MS
  • Licensed in Mississippi

A: You are correct. Since there is no order in place, either parent may take the child wherever he or she wants. However, it is a bad idea for you to go to Pennsylvania and take the child back to Mississippi against your wife's will. There very well could be a physical confrontation that could result a domestic violence charge, whether justified or not. Also, a confrontation could traumatize your son. It is important to know that he child's home state is Mississippi if he has not been away from Mississippi more than six months. If you want help from the court, you need to retain counsel and file a custody action in the chancery court of the county where you and your wife lived with the child. Even if the child has been away more than six months, you still need to file the custody proceeding and ask for a return order. You must realize, however, that if there is any chance to save your marriage, the lawsuit will probably put an end to it. There are other options, so you need to retain counsel in Mississippi and get advice directly from your lawyer sooner than later.

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