UCCJEA+TANF+UIFSA+Choice Law= Abductions and Chaos

[LocalRocket]

And as for the parentage act in CA, it only applies if you have been acknowledged as parent through a DNA screening approved by the state.

[Imeanseriously]

Originally Posted by LocalRocket

Dad,

When the parents aren't married, paternity can ONLY be established through DNA testing. It's the law. Aside from that, it is not any state's job to give rights to the parent who has not been determined via DNA. I am well-versed in issues of slave trade and interstate commerce. You, on the other hand...

Actually dad, I --by no means-- want to get into a pissing match with you. I think, as does everyone else on this forum, that children best benefit by having BOTH parents actively involved in their lives. Most of us are here in the first place because we are fighting for time with children we love. By the way, states LOSE money when families are on TANF, they are not profitting. And mom is probably getting less than $1000 per month. Since this is a legal forum, you'll be advised to avoid claims of abduction and human trafficking. In your heart it may very much feel like it, but those terms have specific legal implications that are unrelated to your case.

Can you enlighten us as to why mom says she doesn't want you to see your kids?

What are you talking about. DNA testing? You're joking right. That's only done per judges request and order.

Signing a Vol Ack of Paternity in California is considered a judgement and must be adhered to in all States.

[Imeanseriously]

Originally Posted by LocalRocket

And as for the parentage act in CA, it only applies if you have been acknowledged as parent through a DNA screening approved by the state.

You haven't a clue at all

[LocalRocket]

Dad,

It may seem like you've been hit with some rough answers, but try to take them with a grain of salt and help us get to the bottom of your question. It might feel like it, but you aren't being attacked personally. Provide as much detail as you can, check back often, and give it a few hours. There are some very, very experienced attorneys who respond to questions posted on this board, and they are not biased. Their advice can be invaluable. No one here is pro-child abduction. That would be absurd. So far, people are just letting you know that you need to use specific legal terms here and that by law, fair or unfair, unwed dads are not officially legal parents until proven so by DNA. So far it sounds as if your battle is against "the system". What is the mom saying/doing in all of this? How often and when have you seen or communicated with your children up until now?

[Ronin]

No, babies were born in Cali, I cared for them with her in Cali. She went to visit her parents in Miss. Promised to come back and filed suit as soon as she arrived there. She was there 1 month and had never been there before

Its not unheard of for a court to allow another state to take jurisdiction, when they should not have. But it has to be properly appealed. If the CA court allowed this against the UCCJEA requirements, did you appeal the lower CA court ruling to the CA court of appeals?

[sometwo]

Where exackly were the children born?

[Imeanseriously]

Originally Posted by Imeanseriously

What are you talking about. DNA testing? You're joking right. That's only done per judges request and order.

Signing a Vol Ack of Paternity in California is considered a judgement and must be adhered to in all States.

Mom extremely irrational, I've heard every excuse in the book. too young, cognitive development, potty trainings, changing beds, you name it. I've heard it.

I have flown them back and forth out west every other month since they were 18 months old. Until the whole thing with court filings recently happened. The kids love it. And are very adaptable in loving, nurturing, stable environments.

She was furious at her first attorney for not blocking the out of state visits so she hired this other guy that has created conflict ever since.

I want to get along with mom and coparent in the same area as we agreed to from the very beginning. That's my only wish. I'm always supportive of mom with the kids. I go well out of my way to promote a loving relationship between the kids and mom.

[Imeanseriously]

Originally Posted by sometwo

Where exackly were the children born?

Orange County

[Imeanseriously]

Originally Posted by LocalRocket

Dad,

It may seem like you've been hit with some rough answers, but try to take them with a grain of salt and help us get to the bottom of your question. It might feel like it, but you aren't being attacked personally. Provide as much detail as you can, check back often, and give it a few hours. There are some very, very experienced attorneys who respond to questions posted on this board, and they are not biased. Their advice can be invaluable. No one here is pro-child abduction. That would be absurd. So far, people are just letting you know that you need to use specific legal terms here and that by law, fair or unfair, unwed dads are not officially legal parents until proven so by DNA. So far it sounds as if your battle is against "the system". What is the mom saying/doing in all of this? How often and when have you seen or communicated with your children up until now?

Yes, the system is my point. I'm not bashing mom, I'm just telling what happened. I could have filed right away in Cali, but she had a difficult pregnancy and I trusted that she wouldn't do such a thing.

TANF also gives money to the grandparents. I don't have a problem with TANF, but when it's used in this way it's counterproductive for all involved.

[BL]

You had to go through the appeals ,as someone mentioned .You only have a short time to file appropriate Documents .

If you do not , you lose that option .

[LdiJ]

Originally Posted by Imeanseriously

Paternity was established in California through vol acknowledgement. Sorry about that name. I will edit it right away.

So I guess I'm the crazy one because my kids were abducted across state lines. And yes, when people, states, entities profit off my children and hold them for profit. Safe to say that is human trafficking. Might want to read up on the slave trade and interstate commerce

No, your children were not abducted. You were not married to mom when the children were born, therefore she was the only legal custodian to the children. Therefore she had the right to take them anywhere that she liked. You had the right to go to court in CA, file for paternity/custody/visitation/child support and to try to convince a judge to order that the children be returned to CA (as long as you did it within six months) but that didn't require the judge in CA to rule in your favor.

If they were two months old when they left CA, and they are 4 years old now, you are NOT going to get a judge in CA (or anywhere else for that matter) to rule that the children must be returned to CA. Their lives are established where they are.

Edit:

Now that I have read further, I am totally confused. You stated that you have flown the children to CA every other month since they were 18 months old. Therefore, it appears that you have signficant time with the children, more so than more unwed fathers would end up with in a similar circumstance, so what is your actual complaint/legal question?

[Antigone*of*Greece]

Originally Posted by LdiJ

No, your children were not abducted. You were not married to mom when the children were born, therefore she was the only legal custodian to the children. Therefore she had the right to take them anywhere that she liked. You had the right to go to court in CA, file for paternity/custody/visitation/child support and to try to convince a judge to order that the children be returned to CA (as long as you did it within six months) but that didn't require the judge in CA to rule in your favor.

If they were two months old when they left CA, and they are 4 years old now, you are NOT going to get a judge in CA (or anywhere else for that matter) to rule that the children must be returned to CA. Their lives are established where they are.

Edit:

Now that I have read further, I am totally confused. You stated that you have flown the children to CA every other month since they were 18 months old. Therefore, it appears that you have signficant time with the children, more so than more unwed fathers would end up with in a similar circumstance, so what is your actual complaint/legal question?

It is apparent LdiJ, that he doesn't have one. He is using this forum as a tool to release steam and frustration. He has mistake use for wannahearmegripe.com

[BL]

Originally Posted by Wirelessany1

It is apparent LdiJ, that he doesn't have one. He is using this forum as a tool to release steam and frustration. He has mistake use for wannahearmegripe.com

Well at least there's legal educational replies , that could benefit Guest readers also.

[Proserpina]

Originally Posted by LdiJ

No, your children were not abducted. You were not married to mom when the children were born, therefore she was the only legal custodian to the children. Therefore she had the right to take them anywhere that she liked. You had the right to go to court in CA, file for paternity/custody/visitation/child support and to try to convince a judge to order that the children be returned to CA (as long as you did it within six months) but that didn't require the judge in CA to rule in your favor.

If they were two months old when they left CA, and they are 4 years old now, you are NOT going to get a judge in CA (or anywhere else for that matter) to rule that the children must be returned to CA. Their lives are established where they are.

Edit:

Now that I have read further, I am totally confused. You stated that you have flown the children to CA every other month since they were 18 months old. Therefore, it appears that you have signficant time with the children, more so than more unwed fathers would end up with in a similar circumstance, so what is your actual complaint/legal question?

Thank heavens I thought I was the only one

[Imeanseriously]

Originally Posted by LdiJ

No, your children were not abducted. You were not married to mom when the children were born, therefore she was the only legal custodian to the children. Therefore she had the right to take them anywhere that she liked. You had the right to go to court in CA, file for paternity/custody/visitation/child support and to try to convince a judge to order that the children be returned to CA (as long as you did it within six months) but that didn't require the judge in CA to rule in your favor.

If they were two months old when they left CA, and they are 4 years old now, you are NOT going to get a judge in CA (or anywhere else for that matter) to rule that the children must be returned to CA. Their lives are established where they are.

Edit:

Now that I have read further, I am totally confused. You stated that you have flown the children to CA every other month since they were 18 months old. Therefore, it appears that you have signficant time with the children, more so than more unwed fathers would end up with in a similar circumstance, so what is your actual complaint/legal question?

Sorry. You need to read up on California law. Yes, they were abducted. Wed or not. I have as much right as she does to establish a relationship in the state in which they were born if paternity was established accorrding to State and Federal Law. It's parental kidnapping when a mother or a father takes a child pre-decree and invokes jurisdiction of another State.
Advocate for forum shopping all you want. It's illegal and unlawful.

Thanks for your time.