My sons father has been absent his entire life. He is now 13. Because the state got him for court ordered child support (he is in new york, we are in maine) about six months ago, he found us and wants to see his son now. I don't know whether i should trust him. He was very abusive and thats why i had to get out. but he says he has changed, so he tell my son. He had threatened to kidnap my son when he was first born, and siad he would bring him to his mother in mexico to raise. Can he legally take my son, like at school, now that dna test have been established. All i have is a court ordered child support form saying joey is in my custody. should i get more protection. I don't want to deny my son his father if he is really changed *which he will have to do alot to earn my trust) but i am having nightmares about this, I shake thinking about it.
2006-09-26 18:55:57 · 10 answers · asked by chara 2 in Politics & Government ➔ Law & Ethics
thank you so much buys, all this stuff will help...
2006-09-26 19:09:27 · update #1
to answer your question NO as long as there is a court order of custody granted to you he cannot touc the child. now , if he was granted visitation you have to abide by that order, if you try legal aid in your parish/county they can help you establish a new order for supervised visitation but you will have to attend acout for the order to go through and be valid. if there is a visitation already ordered by the courts be careful because then he can file back on you for contempt of court for disobeying the order yourself.
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Maine child custody is determined based upon the best interests of the child. Best interests are determined by a Maine Court based upon the following factors:
the age of the child;
the capability and desire of each parent to meet the child's needs;
the preference of the child, if the child is of sufficient age and capacity;
the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
the desire and ability of each parent to allow an open and loving frequent relationship between the child and the other parent;
the child's adjustment to his or her home, school, and community;
the relationship of the child with parents, siblings, and other significant family members;
the stability of the home environment likely to be offered by each parent;
a need to promote continuity and stability in the life of the child;
the parent's capacity and willingness to cooperate;
methods for dispute resolution;
the effect on the child of one parent having sole authority over his or her upbringing;
any other factors having a reasonable bearing on the child's upbringing.
Three types of Maine child custody may be awarded:
Responsibilities for the child's welfare are divided, either exclusively or proportionately. The responsibilities to be divided are: primary physical residence, parent-child contact, support, education, medical and dental care, religious upbringing, travel boundaries and expenses, and any other aspects. A parent awarded responsibility for any aspect may be required to inform the other parent of any major changes;
Parental responsibilities are shared. Most or all of the responsibilities are made on the basis of joint decisions and the parents retain equal parental rights and responsibilities; or
One parent is granted full and exclusive rights and responsibility for the child's welfare, except for the responsibility of child support. If the parties agree to share parental rights and responsibilities, the court will honor the agreement absent substantial evidence that it should not be ordered
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2006-09-27 01:42:31 · answer #1 · answered by ? 3 · 0⤊ 0⤋
I don't know where everyone else is getting their information, but If you do not have a formal Divorce decree, or a Parentage-Custody order. Then Either parent may take the Child and go. At the same Federal Law provides that If there is clear danger to the child that you have the right and responsibility to protect your child. overriding and existing order, I would suggest getting custody Firmly outlined in a court order.
2006-09-26 21:49:17 · answer #2 · answered by Evan C 2 · 0⤊ 0⤋
**WARNING - I AM NOT A LAWYER** As far as I know, the absent father does not have legal custody of the child. Which means that if he takes the child he could be committing kidnapping. But please consult a lawyer, this is more important than the money it will cost. Some lawyers, if they are nice, might give you some advice if they can see you really can't afford it.
2006-09-26 18:59:02 · answer #3 · answered by Existence 3 · 0⤊ 0⤋
Yes they can but very difficult. If you don't have any income they can. get yourself stable and a job or way to support him. Has absent father paid child support. If not go to your states attorney general and get him for back child support. also does he carry insurance for your child and has he paid the bills. Those are good grounds for him not to get him. Last call your city main number. Ask for numbers for indigent legal help. Also ask at attorney Generals office. also call the law school closet to you and ask if they have any help. Here we have help with attorneys called legal aide. check that name out to. Good luck. Also see if you can get your hands on any legal records of his abuse. Don't let him go with him. If he goes with him he may take him and be gone. Abuse is not tollerated any more. You can also call Childrens services and ask for there help and they will pay for services to protect you and him. also look for Child advocacy agency.
2006-09-26 19:03:08 · answer #4 · answered by dgbrsand1 3 · 0⤊ 0⤋
look lady if he was abusive than he still is abusive and there is a chance that he could be trying to steal your son. yes your son needs a male role model in his life but just because a guys sperm helped in making the baby doesnt mean he's fit to be around him or a good role model. you dont want your son to grow up abusive like him. like i said he could be trying or planning on trying to kidnap him. do not take chances file for a protection order with the prosicuters office tell them what you think and they will handle it and tell you what to do from there. tell them about what he said about his mom in mexico and the whole deal. asap
2006-09-26 19:06:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
If he is violent or threatening go to the police and make a report.
Go to free legal aid and get some solid legal advice. You need an attorney. There are options for those who are financially strapped.
Seek help don't wait.
2006-09-26 18:59:38 · answer #6 · answered by Ofc J 2 · 1⤊ 0⤋
You really should get real legal advice on this. Obviously YOU have custody of your son and he CANNOT take your son. Check your local area for a legal aide, or a church that gives legal advice. Good luck hon.
2006-09-26 19:00:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋
no. He is a legal stranger. You can legal aide for a cheap lawyer and can pay like $25 a month (in alberta anyway) until it's paid off and you only pay 30%.
2006-09-26 18:58:04 · answer #8 · answered by Tia S 2 · 0⤊ 0⤋
there are lawyers to help you at "Pro-Bono" go online search for lawyer referral services good luck
2006-09-26 19:01:50 · answer #9 · answered by ? 6 · 0⤊ 0⤋
go file for custody since he is gone and when you have sole custody he can't take him.
2006-09-26 18:58:17 · answer #10 · answered by Andrea M 3 · 0⤊ 0⤋