div id="user-info" class="buttons"> RegisterLog in

This site is an archive of the OneSpace Forums. Return to forum index.

Custody and his rights

Anileve2308

Dear all,

 

I hope that someone has an answer to my question, it has been bothering me ever since I filed for child support.

Does my Precious' father have a right to ship her back to the US?

here is my story:

I am Eastern Europeanand my X is American.

I found out that my expartner was cheating on me when I was pregnant. I asked him to move out when My Precious was not even 1 month old. I did not hear from him for 2 weeks after that. He later on started coming around for 1 or 2 hours a week to take her for a walk (once he took her to the zoo! she really enjoyed it LOL... kidding)

During one of the visits I asked him about child support and he went crazy, he said that he is a good father and he will be paying $400.00 without court order. I think I still loved him then so I agreed. Later on I found out that I will need his signatures on all application for her passports ( she has American and EU one) etc. I prepared forms for him to sign: support one, passport declaration, her right to live and travel with me to Eurpoe, even one giving his permission for her to live with my mom and dad. I took him to the notary public to sign, then I also had them authorized by the State with a Gold stamp (internationally recognized authorization).

we moved to another state when she was 3 months old, he was paying every month but never called or asked how she was doing... I then gave up on him and moved to London right before her first birthday. I emailed him our new address, telephones etc. He stopped paying as soon as he found out I was out of the US.

I have always been in a good relationship with his mother and brother, We communicate daily. He never answered his phone or emaile back. I was visiting America right before my daughter's second birthday and told him about it - no reply...

In December 2009 I finally decided to filed for child support thinking that it has been enough time for the law to have a clear proof that he has not been trying to be a father at all. I had my first hearing in London end of last year and at the beginning of this year he received an invitation from his local court for a hearing. He did not show, his brother went as my representation but due to my X's absence they scheduled another hearing on the 18th of May. I finally thought that everyting was on good way until he showed up for the last hearing and inform the judge that he wants to hire a lawyer because he never met me, he does not know anything about my child and he should not be in the courtroom at all!!! he also informed them that he does not want his brother there so they banned my representation from the room...

Another hearing (#4) was scheduled for July, he is demanding DNA test and from some reason they have approved his request!!!!!!!!!!!!! he signed her birthcertificate, signed all other documents and they still did that to me....

I want to be present at the next hearing via conference call but my court is informing me that they do not have this option!! Have any of you heard how I could get some help?

I am so scared that he may file for custody after the DNA is positive (of course it is, we planned her). Is he allowed to do so? If he does would the hearings take place here or the us??

please help if you know anything. I stopped sleeping already

Posted on: May 22, 2011 - 2:27pm
sparklinglime
DoppleMe

Hi

I'm sorry but I have no idea what to suggest here.

One thing I have found that it is impossible to make a parent choose to be responsible for their child/ren.

I feel you need to decide what you want here.  You know he is the father, and he knows too.  To me it sounds as if he just doesn't want to pay maintenance.

Also - just my view point - if you were to drop the case, he would be out of your lives, with you having the information needed for your daughter to trace him when she's an adult.

What are you looking for with regards to your daughter?  Is it maintenance or a regular schedule of contact?

Posted on: May 22, 2011 - 3:48pm

Anileve2308

Dear sparklinglime,

thank you for your reply. I would not mind him being a father if he wanted to be one. He is only prolonging court's decision as he does not want to pay. He makes alot of money (double mine) and im afraid that he is going to play the parent rights only to avoid losing his life style...

Posted on: May 22, 2011 - 5:05pm

Louise
Parenting specialist DoppleMe

Hi Anileve

The bottom line is that you need to listen to legal advice, but I will tell you my "layman's" take on it.

It seems pretty unlikely that there would be a "hearing" in the States when the court could not interview you as you live abroad. I do not know what the US law is re Parental Responsibiity so I cannot comment on that, but it seems common sense that if he signed all the forms then you have covered all bases. The DNA sounds like a delaying tactic to avoide paying and unless he could prove that you were violent or a drug addict, for example, then I do not see that he could allege you are unfit to have care of your daughter.

If you are working then you are unlikely to get Legal Aid (which helps you pay for a solicitor) so if you do not already have a lawyer, contact your local Citizen's Advice Bureau, as there are often free legal appointements there, or they will have knowledge of a local low-cost option

Posted on: May 22, 2011 - 6:03pm

Anileve2308

Hi Louise,

I had my hearing here in the Uk, they informed me that all notes and my statement were transmitted to the Us. I would go in July but sinc ehe is requesting DNA I've decided not to go til I have to for the finale.

Posted on: May 22, 2011 - 6:08pm