Custody across state lines

[wyndmyre]

Anyone got ideas or information or possibly an idea of a starting point?

 My fiancée had a child with his ex-girlfriend. She moved out when the child was about a year old and then in with another man. After a month or two, they decided to move to Ohio and took the child with them. My fiancée at this time was in a deep depression over the loss of his family and he didn't believe he had any recourse as they had not been married. The mother and her new partner moved several times within the state of Ohio, and at some point, my fiancée no longer had any contact information for his child.

The mother had two other children, and ended up putting all three of her children into foster care. She eventually relinquished her parental rights. The child (and possibly all of them) was adopted by the foster family in May 2005. My fiancée had been court ordered to pay child support, which was coming directly out of his paycheck. Early last year, the deductions stopped. He did not change jobs, nor had his living circumstances changed. (In fact, had the state spoken to the mother, she would have been able to provide a name and possibly contact information for my fiancée's sister, who has lived in the same place for nearly a decade. In fact, my fiancée has lived in the same county in Virginia (Stafford) since coming here in 1996.)

When he contacted the State of Ohio, they said he was in arrears for a total of about $700 and that he must pay monthly child support payments. They sent a copy of a notarized form showing how the state had attempted to find him, but had been unable as he had 'moved around'.  (In fact, had the state done more than a cursory attempt to find him, they could have spoken to the mother, she would have been able to provide a name and possibly contact information for my fiancée's sister, who has lived in the same place for nearly a decade. In fact, my fiancée has lived in the same county in Virginia (Stafford) since coming here in 1996.)

 Now they are stating that although his daughter has been adopted by the foster family without his knowledge or consent and although he is STILL required to pay child support even though the adoption should have severed his parental rights, he is not allowed to know where his daughter is, and has no chance at even visitation. The child is now 7.

 My fiancée has talked much to me about his daughter. He went through a very severe depression after she was taken from him and it took him several years to bring himself out of it. He has always wanted to be a part of his daughter's life, and eventually, if it is in her best interest, would like to bring her home. At minimum he would like to have the opportunity to visit with her and get to know her. Above all, he wants her to know that he never abandoned her and that he always wanted to be her father.

My question is: Is there any real possibility or hope in this case? Is there anywhere we can turn to start some sort of proceeding? My fiancée is a security officer and firefighter, and I am a nurse/EMT, so we are not able to afford a long, drawn out legal process. We are acutely aware that with every day that passes, any chance we have is getting fainter and fainter.

 

[mistoffolees]

There's definitely hope, but your fiancee is going to need a good family practice attorney (preferably one with experience in men's rights). Do not delay.

The fact that he waited until the child was 7 (and had spent almost 2 years with the foster family) is going to make it much harder, but that doesn't mean impossible.