The ROP? Is that like a Acknowledgement of Paternity? That doesnt give any custody or visitation rights. That just says your the father and you dont need genetic testing to prove it. It signed for people who are not married because if you were married, you are automatically recognized as the father.
Second. If there is not Order for Custody or Visitation, then you dont have those rights. Are you sure that you dont have a custody order in place? Because I in Va, in order to file for child support, one of yall would have had to file for custody. Wether it was joint, sole/full or whatever. She seems a little sneaky to me so if I were you, I would go to the clerks office and request a compplete copy of the childs file. I know you dont have a custody or visitation order from what you remember, however, in VA on our Child Support ORders, it states, just like on the custody and visitation orders, that each party must give written notice - 30 days prior before changeing address. So, in the very least, if you dont have custody or visitation but you DO have a child support order....and it states that on the order, you've got her. She broke an Order or the court. For all you know, she did file for custody & there was a custody hearing that you didnt show to (through no fault of your own) and she has full custody. Yeah, that sounds bad....BUT the good side is that if there is, the papers probably state in little fine print that the parties have to notify each other in written notice of any changes in address/phone number. So get a copy of the file. And with her sneaky self, yes signed the Acknowledgemnt form in the hospital but how do you know that the reason why she did nt preasure for a custody or visitation hearing was for a time like this? So she could just tell the courts or an attorney that you have not been around and she could not find you to notify you of ANY change or that she was moving. So protect your rights as soon as possbile and if you find that there is no cusotdy or visitation order, FILE requeting at least, JOint custody and visitation. iJoint will give you decision making rights as far as school(which was a concern). You have a say if your child misses 1 week or more.....do you see? Religious affiliation, doctor, relocation, etc. She would have to legally consult you before maiking a change. OR if you dont like something, legally you can say, HEY, I dont like that she, for example, bapized my child....we are muslim. Just for example. Or, HEY, I dont trust that pediatrician and she is taking my child there against my wishes that are validate. See right now, without anykind of custody order, you dont have that right. So file. Also check with an attorney to see if now that she has been with your ex for so long and there is not custody order, if you have your ex has Implied Sole Custody...if there is such a thing. I would not think that a court would give you sole custody or physical custody since she has been with your ex for all her life and you never formally requested visitation or custody. However, I think they will give you JOint custody so that you can be part of the decision making process.
NEXT. Truancey. My child has a chronic illness that kept her out of school an average of 30-40 days per year. My ex took me to court and lost. It did not fall under Truancey. Plus, those absences were excused by the school. I made sure I wrote notes and kept the school abreast. SO I would request a copy of your childs school and medical records. Your dad. You can wether you have custody or not.You dont need court papers to get that info. You can prove your the childs dad. Those records she legally cannot keep you from. Check the records and see if those absenses were excused by the principle or not. Shes sneaky, so if she tries to tell you later that your child was out sick, then you will have the medical records to back it up. If your child was out for that long sick, MOM should have taken the child to the doctor right? or the hospital, right? SO that it could be excused by the school. Right? So think about that.
Check your states laws on truancy. Inmy situation, that many absenses did not fall under that. However, if you find those absense were not excused and they fall under the guidlines of the truancy laws in your state....THEN you ahve her on someting. A law that she broke. And thats what your looking for. I found my truancy laws on line through my states board of education. So when you get a chance to do a little surfing.....do it.
So (1) Obtain a copy of your court file and review it. Check that Child support order form for little writing like mine has about relocation notification.
(2) Obtain a copy of the school file and medical file. (3) Go online and check truancy laws in your state.
Do all this before you contact an attorneyy so that all your ducks are in a row. Because if you find that she did break an order thats written on that support form, you can file it yourself with the clerk. Im just a mom that been around the court system around and around and upside down. So I know these are things that i had to do that really helped me. GOod luck.
