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If he has established paternity he has a right to see his child.

If he did not pursue paternity testing through the court, they MAY not recognise it and want him to do another test that is thoroughly documented. Once that is straigtened out, he will have the right to file for parenting time. When he does, he should point out that he has a relationship with his child and that Mom was denying him access (which legally she can do, without a court order, but isn't good for the child or Dad).

Being a minor doesn't matter...he is a father. My son had his son 5 weeks before he turned 18.

The child is 16, I live in Canada, so I don't know if the system works the same, but where I am from once you are 14 you have a choice who you want to live with.

That's very interesting, but it doesn't help him. In the states, a child can choose who to live with at 18. Before that, depending on what state you're in, a judge MAY take into consideration the child's wishes, but the child does NOT DECIDE. A minor cannot know what is best for him/her, the adults in his/her life, including the judge, make that decision.

Anyone see Dr. Phil yesterday (Dec. 1st)? It was about parents who abducted their kids.

I missed the first story but...

That poor dad whose son was taken to Brazil... What's the point of the Hague treaty if it's not going to be upheld? That marriage should be declared illegal (she was still married to Dad) and that boy returned to his dad. Change his birth certificate? There is only one legal one and it's from the states. "Step dad" is a legal stranger to this child.

What I find unbelievable is that "step dad" is an attorney who deals with child abduction cases! HUH?? Whether that boy has been in Brazil for 4 months or 4 years, his dad has constitutional rights. Doesn't matter that too much time has gone by. It might be different if there was a legal adoption where due process was followed. There is no process here! And children are adopted all the time after being in a place for years.

He's lost his mother. She effectively made Dad disappear. At the very least Dad needs to have time with his son.  Like someone on the show said, all you have to do is take your kid to Brazil, stay there long enough, and Dad goes away! NOT!!

And the mom who ran off with her daughter, claiming abuse...who do you believe? Sounds pretty fishy to me. Dad's attorney says there were no previous claims of abuse in court. She admitted that she wanted to limit Dad's time and he was demanding his rights. Sounds all too familiar...now mom's time is limited with the child.

Kudos to Dr. Phil this time for standing up for the dads.

I'm so sorry you've gone through this. I really hope the attorney can help you sort this out.

I often wonder about Ohio CSEA myself (we live in Ohio). My son is on the opposite end of the system. He filed for CS from his exgf (she gave him custody) in 2003. You say you were only 1 or 2 thousand behind? Son's ex is over 15 grand in arrears. She's been to jail for 30 days only once, in 06, and IF she works it's only for a couple months, tops. Our county does nothing to enforce. She hasn't even lost her license. They find her in contempt, sentence her to 30 or 60 days, suspend it on condition she pays, and it repeats itself after a year or more. It's been suspended twice now, but the case is now closed. I have seen cases where they do the same to fathers.

I really commend you for at least trying to keep up. And how do they reward you for that? While a person who only works when threatened with jail gets away with it. Sometimes it is just a matter of getting a different case worker. In our case it seems to be the assisant prosecuting attorney who lets things slide.

On another note, do you see your kids?

Let us know how things go with the consult.

If you have her address, you should file for divorce and state what you'd like for parenting time/access to the kids. Having something on paper is the only way to enforce time with the kids. How long have they been in GA? I would think since you're still in NY you can file there.

Becauseijustdid...
You are replying to some older (3 months) posts. We're glad that you're "searching" if it helps your situation...but some posters don't return after a while.

Just so you know...

Once you file something, I don't think she'll be able to move while the case is open without getting in trouble.

File for paternity/custody/child support and ask that the child not leave the jurisdiction until the matter can be heard.

Isn't her new marriage a change in circumstance?

The only way the marriage would be a factor is if it negatively impacted the child's life, for example, if stepdad was abusive. A change in one of the parents' lives won't count, again unless it affects the child for the worse.

If neither party (not just the kids) has lived there for 6 months, it should be easy to change it, especially if the CS order has been moved.

They may just have power of attorney. In that case, it will be easier to overturn it. Do find out exactly what has been filed, if anything.

Are you the legal dad? Any prior court orders?