Can i file for custody of my child if my exgf sent him to another country. We were never married can i file for custody in this case.
Please answer and please dont tell me to talk to lawyer cause if i hadd lawyer i wouldnt be asking u.
Thank U
2006-08-02 16:43:08 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
well i am paying child support and i am legal father of a child
2006-08-02 16:49:46 · update #1
you should try it.....maybe the judge will see your point and allow you to keep the child.
2006-08-02 16:47:08 · answer #1 · answered by JTB 4 · 0⤊ 0⤋
You will have to file a paternity suit first or in conjunction with the custody request. However dealing with international laws will be a bit tricky and I do recommend seeking out an attorney familiar with this type of custody challenge before filing. If she contests custody the courts will order the a paternity test. Filing in your court system also assures your district wil have say over the case. Are you on the birth certificate? Talk to law enforcement as well, some one with criminal investigations experience in child abductions. Depending on your state laws and whether or not she contests you being the father and the time that has gone by there may be a parental kidnapping case there. Good Luck with everything.
2006-08-02 23:53:17 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If your name is on that birth certificate, you have parental rights. A mother just can't up and move a child without your consent....UNLESS there are drugs or abuse involved in the relationship. Then she can excercise her rights to protect that child from harm's way. If that is not the case, file a motion for visitation through your court system. You can do this without a lawyer. (Google the name of your local courthouse and download the forms from there) If there is already a visitation order in place, file a motion of contempt and then report your child missing ASAP. The long arm of the law only stretches so far. This is going to be incredibly hard for you to do. It's going to be time consuming, nerve racking and there's a good chance she won't show up in court with your child. But, don't give up. A warrant will be issued for her arrest and you just have to keep going from there.
2006-08-03 00:06:13 · answer #3 · answered by Hollynfaith 6 · 0⤊ 0⤋
You're definitely going to need a lawyer for this one. The bottomline is yes you can. Can you prove paternity? We're you common law married? What state are you in? Yes, you can issue a court order to have your child given to you while child custody proceedings are underway. You will need to write up a Declaration of Child Custody.
Seriously, get a lawyer. You need to make sure you write up and properly file this declaration. In the least, go to your county courthouse and ask for the self-help desk.
2006-08-03 00:51:07 · answer #4 · answered by ntoriano 4 · 0⤊ 0⤋
I would be willing to bet you could. If you're paying support and feel the mom is not doing right by him/her go for it. Even if you cant get custody Mom may have to keep the child closer to you. Do what you're hear feels is right.
I'm surprised that she was aloud to take the child out of the country. I can't with out my son's dad's o.k.and I have sole custody.
Good luck. I'm glad to see a dad care.
2006-08-02 23:55:41 · answer #5 · answered by macajdc4 2 · 0⤊ 0⤋
Yep. You can still petition for custody. The details and ways to do it are going to depend on you specific state's family law provisions. You are going to need a lawyer, however. You can probably find one in the phone book who will answer your basic questions for free, although you'll need to pay go actually get anything filed. Good luck!
2006-08-02 23:49:49 · answer #6 · answered by W. Coastal Eddie 3 · 0⤊ 0⤋
if paternity has already been established, you have the right to seek custody of your child . . . be ready for a fight tho since the child lives out of the country . . . if you can't afford a lawyer, you can get legal assistance . . . go to your courthouse or call them to get the number for legal aid
2006-08-03 00:38:22 · answer #7 · answered by wfgrg15001 3 · 0⤊ 0⤋
my husband was never married to the mother.
the child is legally his it was said in the paternity.
it depends on how long you've been int he child's life
you can file but if you havent been in the child's life long then the mother gets the child.
so you can i wish ya luck.
cause youll need it.
do you have any proof she's a bad mom?
if so you will most likely get custody.
have you gone to courts over it yet they may just give you vistation rights also.
2006-08-03 01:04:04 · answer #8 · answered by lesliejames24 1 · 0⤊ 0⤋
my husband has custody is his kids now and we live in another state. You have rights to that child just as much as she does, you just have to go through the proper channels to file for custody for your child. if you can find that she isnt fit to have that child than you need to fight for your child. It might cost you some money but in the end, its worth it, take it from me. he has custody of his kids for the last 6yrs.and it was worth every penny. Good Luck!!!
2006-08-02 23:59:12 · answer #9 · answered by bernie 2 · 0⤊ 0⤋
if you can prove you are the father via paternity test, then you should be able to only problem is that he is out of the country every state has different laws start by checking with your local child support office they can help with establishing paternity and their services are free good luck
2006-08-02 23:48:47 · answer #10 · answered by Kimmiepooh 3 · 0⤊ 0⤋
You can try, but most judges would go for the mother. I would strongly recomend getting a lawyer, if can't affrod one go to legal aid, is free service.
2006-08-02 23:48:19 · answer #11 · answered by jayden 4 · 0⤊ 0⤋