My ex has not seen our son in over 8 yrs.does he even have any rights ? He wants to take our son out of state?

Question

My ex husband has not seen our son in like 8 yrs and wants to come and take John out of state . He was hitting our son thats why I left and got the divorce. My ex husband didn't take his classes for parenting classes or do any of his supervised visits..my ex lives in N.C and wants to take JJ my son now ...I was wondering what rights my ex has ? I am in N.H .

Answer 1

If he is not paying child support, then he has none

Answer 2

He has all the rights awarded him at the divorce hearing, unless you took him back to court for non-payment of child support, or physical abuse.
Why are you talking to this guy ? This is an adult who HIT an innocent child ! Your Ex wasn't interested in repairing or structuring a parent/child relationship.......he did not go to the mandatory classes !
I am going to assume you are not talking to him on a regular basis and that you just heard a rumour from someone else. So :
1. teach your son how to call 911 ...... teach him how to prepare for an emergency situation ....... teach him how to figure out what town he is in, etc.
2. go to the family court and find out how to get a restraining order ....... explain your situation ....... your husband may still have parental rights, but you may need to prove he did not complete the parenting classes required for unsupervised visits (that means he cannot take your son out of state)
3. Stay away from your Ex.
Good Luck !

Answer 3

Certainly not the rights to take your son out of state.

First and foremost, refuse any visitation until you are order by a court. I take it you are opposed to your ex being involved.

Which state granted your divorce decree and what is the custody order?

Bottom line, he will have a difficult time getting his rights exercised as he will have to explain to a judge where he has been for 8 years and why he won't be hitting the child again. However, he does have rights enough to sue for custody.

Answer 4

First was there child support awarded you? If so and he has not kept up with those, then he has no rights til he pays up and if this is so, contact your localpolice the second he shows up. Since advice is free, Ill advise you to contact your atty and see if what he wants is going to be ok with the court especially after what you mentioned about abuse. Personally, I may let him see him supervised but no way on the out of state thing. Let him take you to court over this issue and then he can explain to the judge why he missed his classes and I can guarantee you the judge wont be amused and might even order him sometime behind bars to think about his misactions. Email me if I can help more good luck

Answer 5

With out a judgement probably every right in the world.. if ur actually worried about your son being abused physically id deny him till he takes you to court then explain to a judge why and that u have no problems with him seeing your son if he finishes the parenting classes and as long as its supervised visits which going out of town doesnt classify as a supervised visit.. and id also explain that to ur x.. u have no problems if he wants to come to NH and see your son as long as the visits are supervised u have no problems letting him see him.. (basically what ur doing is not witholding visitations but making him do it on your terms which when he trys saying that u wont let him see him at all u can say no i told him he can visit with him anytime he wants but it had to be in state and supervised.. id even go as far as sending him a certified mail and keeping a copy for yourself as proof to show a judge if he takes u to court.. which if he hasnt seen him in 8 years i doubt he'll go to the trouble of taking u to court) Good luck

Answer 6

Depends on what legal actions you and he have taken. He doesn't have the right to just come back after 8 years and want to take the child out of state though, I would hope. Do you have custody legally? If not, now is the time to start court proceedings. Get moving on this before it's too late. Get yourself a lawyer.

Answer 7

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Answer 8

Probably none if he hasn't taken the parenting classes but that depends on your court order and all the legal mumbo jumbo. As of him just taking him unless he has taken you to court to regain custody then he can't just demand him, now if he's talking just for the summer or whatever the court said he could have him for then he may be able to take him, but that is dependant on whether not his share of the custody is based on him taking the classes.
Him not being around for 8 years shouldn't mean anything.

Answer 9

Contact an attorney to see what rights you have. I hope you have documents to prove what you are saying about your husband to be true, regarding the abuse, the reason you filed for divorce, and failure to report to parenting classes. Without proof it may be difficult but contact an attorney. Has he paid child support, and has there been correspondence between them, email, mail, or phone during the past 8 years?

Answer 10

He does has rights only because he is the father, but he would probably take it to court and the court will question both of you and check both your background and see who is the better fit parent. But try to talk to a lawyer and talk to your son about waht will happen in the future because it`s going to be hard to get through. Good luck in the battle .

Answer 11

To churpy (sp) even if he isn't paying child support he still has rights....Now to the question at hand, I would get an attorney and discuss the situation and DO NOT allow your ex to leave your house, let alone the state with your son until you get a judge to sign on it....