C
Concerned in MO
Guest
About three years ago, my fiance's ex-girlfriend left MO and moved to IN, taking their three year old son with them. She had neither court-ordered child custody, nor the father's consent to leave. From their son's birth until about 2 years of age, they lived together and raised their son. After they split, the paternal grandmother took care of their son a majority of the time.
In the past year, she has contacted us twice demanding child support, yet she refuses to discuss visitation. She brings the son for bi/tri-annual visits with his paternal grandparents and allows him to stay in their home for 2-3 days at a time. However, she says that my fiance (his father) is not allowed to visit.
I have several questions. Firstly, did she have a right to take their son across state lines without his consent? Secondly, could she have been granted child custody by courts in IN without the father's consent? Thirdly, could the father pursue child custody or visitation rights knowing that he has not provided child support for the past three years and have a 'legal leg' to stand on in court? Finally, the mother claims that she has had the son's name legally changed to her husband's name. I don't know whether this implies that he has adopted the child or not. I know that he could not have adopted the child without my fiance giving up parental rights. Could she have changed his name without his consent? And if the child has somehow been adopted without his consent, she can no longer pursue the issue of child support, correct?
My fiance is not opposed to paying child support, yet he refuses to do so without visitation, and without knowing whether his son has been adopted by his ex's husband. I know that visitation is not dependent upon child support, and that she cannot refuse the father's visitation. Yet I do not feel she had a right to leave with their son in the first place. We have many questions regarding child custody, support, and visitation. Knowing the situation, and what has/has not been done in the past three years, would we stand a chance in court if we were to pursue partial custody and demand visitation rights? We would desperately appreciate receiving some advice on these matters.
Sincerely,
Concerned in MO
In the past year, she has contacted us twice demanding child support, yet she refuses to discuss visitation. She brings the son for bi/tri-annual visits with his paternal grandparents and allows him to stay in their home for 2-3 days at a time. However, she says that my fiance (his father) is not allowed to visit.
I have several questions. Firstly, did she have a right to take their son across state lines without his consent? Secondly, could she have been granted child custody by courts in IN without the father's consent? Thirdly, could the father pursue child custody or visitation rights knowing that he has not provided child support for the past three years and have a 'legal leg' to stand on in court? Finally, the mother claims that she has had the son's name legally changed to her husband's name. I don't know whether this implies that he has adopted the child or not. I know that he could not have adopted the child without my fiance giving up parental rights. Could she have changed his name without his consent? And if the child has somehow been adopted without his consent, she can no longer pursue the issue of child support, correct?
My fiance is not opposed to paying child support, yet he refuses to do so without visitation, and without knowing whether his son has been adopted by his ex's husband. I know that visitation is not dependent upon child support, and that she cannot refuse the father's visitation. Yet I do not feel she had a right to leave with their son in the first place. We have many questions regarding child custody, support, and visitation. Knowing the situation, and what has/has not been done in the past three years, would we stand a chance in court if we were to pursue partial custody and demand visitation rights? We would desperately appreciate receiving some advice on these matters.
Sincerely,
Concerned in MO