Messages

Ocean and Kitty are right (as usual)...I just wanted to add (and this is only where I am) that this would not be an emergency modification.  Also, Kitty is right, the insurance - unless you only cover the first children on it, you would only get credit for their portion.   If you have family coverage that covers you, your wife, first children and subsequent, you do not get to deduct the cost of the coverage for the entire family. 

What do the orders say about phone communication?  While everyone can agree it may be excessive, none of that matters if the orders give her telephone time each day for up to an hour.  It all really depends on the court orders.

Passport requirements for air travel changed in 2007, for land and sea, they did not change until June 2009.  It wasn't until 2008 both parents signature or affadavit was required, so yes, Mom could have legally obtained a passport two years ago without Dad's signature or affadavit and it was totally legal.

Whatever. The fact they waited two years to bring it up shows it wasn't an issue.  You don't wait two years if something was that important. I highly doubt family court does anything about it at this juncture.

Possibly, but considering it was two years ago, it is highly unlikely this can be used against her in court or for a parenting time change.  It was two years ago, she came back, it was a honeymoon...they aren't a flight risk, the courts are very unlikely to view this as an issue.

1)  No
2)  No
3)  No

None of that affects custody.  What matters is who is the child's primary care giver? Who has been taking care of and providing for the child?  Until paternity is proven and the courts give you access rights, she has full custody and can make determinations regarding the child.  Are you off meds you should be on?

Courts are closed tomorrow, it's Christmas.

You need to proceed with caution...if the orders give you from xx date to xx date, you can't say you are taking additional time if she isn't there.   You handing Mom a letter telling her that doesn't mean anything in court and her refusing it doesn't mean anything.   It's a slippery slope and with all things that have transpired, you need to do everything to ensure return happens when it's supposed to happen and do not keep the child any longer.  It could be very bad for you if you do. I know it's a pain, but I would wait it out if she is late.

You are right, the incident with the little boy on the school bus is relevant to this thread.  That father lied in court saying he had custody in his country so he could gain custody in the US.  He didn't have custody in the US until it was given to him.  Till that time, he had no custodial rights.  Now, that father is wanted on kidnapping charges.  That incident is heartbreaking to watch and any caring parent would never have subjected that little boy to him being retrieved in that manner.

In your own words you said "The OP is waiting to see if the US court will accept his country determination...." so simply put, until such time, he has no custodial rights in the United States.

You are very assumptive...the poster has never said the child's parent has kept him from seeing the child.

It would help poster if you stated all relevant facts.

Sorry, but to blunt, you are wrong with your saying you have legal custody. Unless a court has given that to you, you don't have it, and no, the school has no reason to wait for a custodial determination that could take months or years.  They have what they need, Mom's consent.   Everything you said is not relevant, is very relevant and most likely will be a factor in the custody determination.  You are kidding yourself if you believe otherwise. Best of luck to you.

and he knows where his child is...

He has already said the child was born in the United States, poster hasn't seen his child in four years, he has never said he has been kept from the child - he moved out of the country ...and they were not married and he is fighting for shared legal custody, which means he doesn't have it now.

So, who in your opinion should be responsible for making decisions regarding the child's health and welfare?   He has said the child lives with the mother. The person that is there every day with the child providing for and taking care of her or someone thousands of miles away who hasn't seen his child?