This story is a bit crazy and convoluted. This woman discovers that her husband married another woman while they were supposedly still married and living together. She finds out on Facebook after viewing nearly 200 photos of the nuptials on the new wife’s “Wall.” The Cleveland based France was hurt, but not shocked. She apparently suspected her husband was up to no good after finding his passport at home when he was supposed to be away on a business trip in China. Lots of insane twists and turns to the story. But it comes from the Associated Press so there must be some truth to it. Here’s an excerpt:
Dread of the unknown hung in the air as Lynn France typed two words into the search box on Facebook: the name of the woman with whom she believed her husband was having an affair. Click. And there it was, the stuff of nightmares for any spouse, cuckolded or not. Wedding photos. At Walt Disney World, no less, featuring her husband literally dressed as Prince Charming. His new wife, a pretty blonde, was a glowing Sleeping Beauty, surrounded by footmen. “I was numb with shock, to tell you the truth,” says France, an occupational therapist from Westlake, a Cleveland suburb. “There was like an album of 200 pictures on there. Their whole wedding.”
The husband claimed Thursday that his marriage to Lynn France was never valid. He said she knew earlier about the other marriage and was making the Facebook claim as a publicity ploy.
It seems the husband also “abducted” their son and took him to Florida to live with the new wife. It’s a really crazy sounding scenario and this kidnapping happened after a brief reconciliation between Lynn and the husband. He basically came home and one day he grabbed the kid, threw him into the car (without a car seat) and took him to Florida.
The thing with that is that because there was no order of custody in place, the courts cannot technically accuse the father of abduction. Both parents have a right to custody of their child unless a court orders that only one parent has custody. As such, the father was legally permitted to take the child to Florida.
And if he files a custody petition first, then Florida would then probably have jurisdiction even though, technically, the UCCJEA, the statute that governs the custody of children where the disputes span more than one state, does look to where is the child’s “home state” in making a determination of which state will have jurisdiction. So Lynn may not be out of luck totally. But she could have some trouble with getting her son back. Because he husband did not do anything illegal by taking him in the first place.
Well, read more at Seacoastonline.com. It’s an interesting read.