Can Divorced Ex Prevent Me And Child In My Sole Custody From Returning Overseas By Filing Second Divorce?
I divorced my ex spouse already years ago in a foreign (Hague convention) country – the same country the marriage happened in – and mutually agreed for me to have sole custody of our child, whom ex had abandoned by then. I am now visiting Oregon with the son and my new family, and planning to leave soon to resume my career/work overseas with my family. My ex has filed for divorce and served papers to me.
At first I assumed this was cut and dried – we are already divorced, and there is no UCCJEA home-state jurisdiction over my child's custody in Oregon because we have been visiting about six weeks and will leave before 180 days. However, I just talked to an attorney (the only one I managed to speak with in several days of trying), and he informed me that I could be required to stay in Oregon with my child until a hearing is scheduled (which could keep me here past the departure date required by my work), that my ex could get a default judgment if I don't respond, that whether my wife can divorce me a second time "is up to the judgment of the court", and that the UCCJEA "does not necessarily" mean that Oregon does not have custody jurisdiction.
The soonest I could get a consultation with an attorney is the end of the week – and meanwhile my family is flipping out, while I am assuming the attorney I spoke to was misinformed or misunderstood my situation and am trying to do my homework so I know what the risks really are. Can the spouse I already divorced really tie me up in Oregon with a second divorce filing while I am visiting with my son <180 days?
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