horrible news...semi-vent

[ILOVEMYGSM3]

What is the name of your state? ca/fl
well we just spoke with the clerk of courts in jax(family law coordinator)and the family law facilitator here in california....it appears that florida WILL NOT let roomates wife file custody while ca has not ruled a final judgement on their divorce...nor will they let him do it either...THEN we learn that the little summons on the back of the papers saying she can't remove the baby from the state applies ONLY if she lives here in ca...so we asked, kind of being smart, "so she can just up and leave the country if she wants, and he(father) doesnt even have to be notified?" answer "nope, if florida can't do anything, and we are unable as well as refuse(child does not reside in ca), then she's free to do as she wishes..." which, as a matter of fact, DOES INCLUDE leaving the freaking country!!!!!

questions-what are the fathers options?
Lord have mercy. And the mother refuses to turn over the babys birth certificate, as well as anything that has anything to do with him(baby)...he plans on getting a home DNA test(that comes w/court admissible papers)IF she lets him see the baby this summer...however, his frustration is that his navy command is STILL saying he has to provide, although the states of CA and FL say that until paternity is established he DOES NOT...and crap, he can't even set up a child support hearing until the divorce is final(and she's milking the $800/mo)b/c she knows florida wont make it be that high...someone say something advisable besides talking to a lawyer(since obviously at this point, it would be a waste of money, and his free consults run over 30 mins or an hour, and they want him to pay a retainer)...???

this is WAY more complicated than he'd imagined, as with the first wife, it was more like heres a visitation schedule, heres a support amount, have a good day...and the ex has never had a problem....aye carumba!(or however you spell it lol)

 

[rmet4nzkx]

What is the name of your state? ca/fl
well we just spoke with the clerk of courts in jax(family law coordinator)and the family law facilitator here in california....it appears that florida WILL NOT let roomates wife file custody while ca has not ruled a final judgement on their divorce...nor will they let him do it either...THEN we learn that the little summons on the back of the papers saying she can't remove the baby from the state applies ONLY if she lives here in ca...so we asked, kind of being smart, "so she can just up and leave the country if she wants, and he(father) doesnt even have to be notified?" answer "nope, if florida can't do anything, and we are unable as well as refuse(child does not reside in ca), then she's free to do as she wishes..." which, as a matter of fact, DOES INCLUDE leaving the freaking country!!!!!

questions-what are the fathers options?
Lord have mercy. And the mother refuses to turn over the babys birth certificate, as well as anything that has anything to do with him(baby)...he plans on getting a home DNA test(that comes w/court admissible papers)IF she lets him see the baby this summer...however, his frustration is that his navy command is STILL saying he has to provide, although the states of CA and FL say that until paternity is established he DOES NOT...and crap, he can't even set up a child support hearing until the divorce is final(and she's milking the $800/mo)b/c she knows florida wont make it be that high...someone say something advisable besides talking to a lawyer(since obviously at this point, it would be a waste of money, and his free consults run over 30 mins or an hour, and they want him to pay a retainer)...???

this is WAY more complicated than he'd imagined, as with the first wife, it was more like heres a visitation schedule, heres a support amount, have a good day...and the ex has never had a problem....aye carumba!(or however you spell it lol)

This is why he needs an attorney, the court clerks and FLFoffice and base legal can only address so much. For example, the fact that the child was not born of the marriage and no paternity is established is very significant and pans out differently dependingon who this is argued along with what he has already done which can result in estoppel. If wife has responded and the court ruled on personal jurisdiction, then the restraining order re removal from the state might be enforced if at least some sort of paternity action or putative father registry filing has been made in CA. Also the $800 per month might be seen as spousal support since they are still married as opposed to child support.

He cannot do this himself, he needs an attorney and he needs one competent to address the interstate and military issues. Has he even go online and filled out the forms to petition to establish paternity in CA?

 

[ILOVEMYGSM3]

no he hasnt

and california just keeps saying that they CANNOT AND REFUSE to handle the custody and/or support issues, since baby isnt resident, and mother is not either...no one ever told us he could do anything like that...no lawyers during consults, not the FLF, nobody...would the fathers registry at least get a support, if not visitation, settled? and yes the child was born before the marriage, and as i stated, there is no legal or visible proof of paternity except him adding the child to his military insurance( "Page2, Dependent Application")

 

[rmet4nzkx]

What address was given for the child on the insurance?

 

[ILOVEMYGSM3]

their old apartment

originally but he just updated it last week when the usmc/usn bah audit took place...ok she FINALLY faxed the BC, and BOTH of their names are typed in...she had said b4 he didnt sign it, so we misunderstood that she meant he wasnt ON IT(or she intentionally misled him)

however, the names of both parents are typed in, but he did not even tell anyone at the hospital his information, she did(this is what she said about 5 mins ago)...and florida just typed in both of their names...whats up with that? i was born in fla, and my parents SIGNED mine...

 

[WA_DAD]

Bc

originally but he just updated it last week when the usmc/usn bah audit took place...ok she FINALLY faxed the BC, and BOTH of their names are typed in...she had said b4 he didnt sign it, so we misunderstood that she meant he wasnt ON IT(or she intentionally misled him)

however, the names of both parents are typed in, but he did not even tell anyone at the hospital his information, she did(this is what she said about 5 mins ago)...and florida just typed in both of their names...whats up with that? i was born in fla, and my parents SIGNED mine...

Why don't you just get a copy from the County???? Is it that hard?? C'mon now...

 

[rmet4nzkx]

originally but he just updated it last week when the usmc/usn bah audit took place...ok she FINALLY faxed the BC, and BOTH of their names are typed in...she had said b4 he didnt sign it, so we misunderstood that she meant he wasnt ON IT(or she intentionally misled him)

however, the names of both parents are typed in, but he did not even tell anyone at the hospital his information, she did(this is what she said about 5 mins ago)...and florida just typed in both of their names...whats up with that? i was born in fla, and my parents SIGNED mine...

Ok, FL now uses computerized Birth certificates, now that he has a copy he should obtian his own copy from jacksonville himself, just to be sure there is no fraud. http://www.doh.state.fl.us/planning_eval/vital_statistics/birth_death.htm
If he didn't sign an acknowledgement of paternity at the hospital paternity may not be established but he is further along, then he will have to contact Jacksonville to see if the AOP was filed, he would have to sign that, so he should obtian a copy of the AOP as well then he will have some basis upon which to file for visitaiton in FL at least.

In what state was the address for the insurance?

 

[ILOVEMYGSM3]

what do mean in what state was the address? if you mean for one another, it was originally their old apt in jax ,fl, now it is her apt in jax...but the military ins moves with him base to base, so right now his is here in ca, but hers and the childs is still jax NAS

ok i'll have to get him to do the ordering, b/c thats not my area, just the research lol...
thanks

also, what is this father registry you speak of? i'm going to reseach it now, but was wondering if you knew(btw i read what the chick said in another post, and i had an old username that got alot of heat, however since i've been back, you seem to be nothing but helpful)i'm sure you're old enough not to care about others thoughts of you anways, though, right?!