Father needs custody/child support help?

[Marsha]

Dear poster,

Sorry if I gave wrong info. about what state has jurisdiction.

[Davy]

Marsha and MomofTwo .... you are both wrong and very wrong....   

[MomofTwo]

I apologize if you think I provided incorrect information, but I stand by what I offered...
I never said FL would have jurisdiction, I said FL may have jurisdiction.   There are too many variables here poster has not provided...He initially said was hit with a  child support bill, but this was unclear if it was an actual bill or a child support order, and if it is an order, from where?  Poster also said mother tried to limit visitation until the age of 5 but the judge did not order that...what judge? What state?   According to UCCJA, in establishing home state - in the case of children under six months of age,... the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.

[Davy]

In reality, with the facts presented, it is clear and convincing that the mother has sought or is seeking to prevent a child from having a relationship with the other parent.  All to the detriment of the child.  Unilateral moves of this nature are highly frowned upon in judicial circles, as it should be. All governing statues are substantially in favor of protecting potentially "at risk"  child (ren) and the left behind parent. 

Please read the UCCJA and PKPA in it's entirety and refrain from such untruthful statements such as "filing first", father should move to Floriduh and get visitation, etc,etc,.

Please explain why the mother should not have approached the local home state jurisdiction for support, visitation, etc. including the permission to relocate the child to la-la land.

At this point, this father should consider :

Retain counsel in the foreign state with experience in UCCJA/PKPA with limited appearance for jurisdictional arguments only. Do not recognize the foreign state for any other matter.  It is better if counsel is not part of that jurisdiction good-ole-boy system.  Should require only a couple of brief hearings.  Request all costs named by the statue. Counsel needs to be licensed for Federal court  and file PKPA if necessary and ASAP.  These arguments are of a rule of law nature ... not "mommy biased best interest" that drag on forever ... you win !!

Retain counsel in home state as necessary for custody, visitation, support, paternity, etc.
The court should not be favorable to the mother but they probably will be while respecting the father for standing for your child the best he could.   




   

[MomofTwo]

Regarding..."At this point, this father should consider...." 

She did not need to file in his home state as until paternity has been established and until he is recognized as the father of the child,  before a court, he is not the father, and effectively without rights. He doesn't get  the benefit of the presumption of paternity that comes from marriage.   

Justin...has she in fact filed in FL for paternity, support, and visistation? or your home state? Have you filed anything in your home state?  The FL attorney you consulted with...did he advise you jurisdiction would be FL or your home state based on all of the information you presented to him. 

It sounds like the child has been gone from  your home state essentially since birth...can you confirm or elaborate?




.

[Davy]

Momoftwo... given your philosophy and mindset this mother or any mother could run to any far-away state and tag the richest guy with a job she had run across as the father and be financially awarded child support.

How can you say or imply that paternity can be established in a foreign court without DNA but must be established in a home state before the father has any rights  ??
In essence, you're saying the father only has rights when the mother says he does as well as naming the jurisdiction he has rights.  Geesh !  You really must be joking.   

Just because so-called "visitation" is ordered does not mean the mother will comply.  Why should she.  She thinks she is above man's laws and God's laws or she would have filed in the home state in the beginning.

What do you think a FL attorney will advise if one does not know what to ask  ?  How much  money will Justin be asked to send to Floriduh. 

Justin has been named as the father or he would'nt be asking about custody/child support and apparently there is an illegal court order since the state was /is lacking jurisdiction to do so. 

It is clear that the child from birth had a home state AND STILL DOES and has not been defeated by the mother filing in a foreign court.  An attornry may also be throwing in Incovenient forum, the behavior of the mother, etc.

I really don't understand your contention.  The advice I provided for the father CONSIDERATION was the advice I followed to win on jurisdiction in two states ...one state 3 separate jurisdictions and Federal court.  Designated managing conservatory in both states.
I prevailed because I focused on the my children.

It's called the UCCJA and the Parental Kidnapping PREVENTION Act (PKPA) for a reason.

[gemini3]

Just wanted to point out that, if the state is requiring him to pay child support, the state has recognized him as the father of the child - unless he is able to prove otherwise.  The mother would have to have listed him as the father with the child support people in order for them to send him a bill.  So, in my (non-attorney) opinion, the question of his paternity has been answered by mothers actions.  If Justin is not sure on the paternity then he can have it confirmed by the DNA test - but I think that the mother has proven that she believes he is the father.

Therefore, by her action, she has removed the child from it's state of residence, it's family home, and witheld the child from contact with the person who she has acknowledged to state agencies is the father of her child.

The Parental Kidnapping Prevention Act states: "home State' means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. Periods of temporary absence of any of such persons are counted as part of the six-month or other period;
such State is the home State of the child on the date of the commencement of the proceeding, or (ii) had been the child's home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant".  Therefore Justin's state is the home state.

Justin - you need to file in your home state.  Filing in FL gives her the advantage and concedes to her move away.  It will also be a LOT more expensive for you.