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Is he the father wanting to
Is he the father wanting to take over custody?
He is the father but he is
He is the father but he is not on the birth certificate...and I am scared to let her visit him because he has a house in Mexico and I am scared he will take her there and I will never see her again.
Tabby
Even if he's not on the
Even if he's not on the birth certificate, he could seek paternity testing. But I can see your worry is really not just that, but that he has a house out of the country and could kidnap your child.
Honestly, I haven't needed a lawyer for this kind of situation...and I feel for you. You might check out the Arizona Bar Association's Web site: .http://www.azbar.org/
I'm not sure if they do referrals. But I'd look there if no one else has experience with this sort of thing. At least they have some basic resources and a lawyer search by specialty.
1st off if he is threatening
1st off if he is threatening to take away your child, you should call the local police. Is there history of violence in the relationship? Has he threatened this in the past while you were together? Do you think he might just be saying these things because he's hurt that you left him? You comment is so basic that you really have other steps you need to address and consider first. If he isn't on your son's birth certificate, he needs to go to court and establish paternity first and you can deny him to see the child until then (it's not right, but you can always say something like, the baby might not be yours). If he kidnaps your son in the mean time, he has no parental rights in the state of AZ with this child until paternity is proven and will be arrested. I would definitely suggest calling the local authorities first and see about obtaining a protective order until one of you files for visitation and child support. And if I were you and your concerns are genuine, I would file immediately for sole custody of the child and ask him to only have monitored visitation rights.
Just remember, when people are mad, sad, upset, angry and confused, they often say things out of spite.
"It's not to late to become who you've always wanted to be..."
You definitely need to
You definitely need to contact the authorities and get an order against him.
Also, a person can't just take a child across the border, they need to provide documentation that they are the parent AND have permission for the other parent (this from my lawyer husband).
Good luck.
Yes, that's true. I just
Yes, that's true. I just went through a divorce myself and I do know that your child would not be allowed out of the US without your written permission, and of course a passport.
I personally agree with the others that you need to contact the police.
DesertMom
http://ppdsurvivor.blogspot.com
I"ve been down to Mexico
I"ve been down to Mexico many times with my kids (with and without my husband) and no one has ever asked for any kind of proof of parentage. I wouldn't depend on that stopping anyone, as I've never heard of it happening.
Or coming back into the US either.
Lovemy4 is a discussion leader for North Central Phoenix, tired mother of 4 great kids and wife to one great husband.
just an FYI. they dont check
just an FYI. they dont check for documents on the way out just on the way in. my husband works for homeland security. the mexican authorities jsut check that you have a car permit and if the house is near the boder they dont even check that. it is only after 20 kilometers from the border that they have check stations and then there is the free zone in a sonora where you can go father than 20 kilometers without getting acar permit
PLEASE CALL A LAWYER AS SOON
PLEASE CALL A LAWYER AS SOON AS POSSIBLE. The bar association address should be able to refer you to someone. There are laws & treaties that govern this area. Keep in mine that due to the close vicinity of the Mexican border, it would be easy to drive a child across the border. Flying, etc. would be more difficult without a passport or other papers. I don't mean to unnecessarily frighten you but it has happened before to other people with a Mexican national as the other parent. It wasn't legal but it happens. He could get Mexican citizenship and a corresponding Mexican passport for the child. There are forms you fill out with the US State Department that basically registers that you have not consented for your child to leave the US. This is not my area of the law but I did some research into it before I travelled out of the country with my daughter who does not have a named legal other parent. There are legal aid clinics at law schools and lawyers also have obligations to do pro bono (free) cases. Good luck!
I am in the middle of a
I am in the middle of a (custody/visitation/child suport/etc) case without a lawyer. It is the most brutal, emotional, and physical thing I've ever been thru. I am a single mom with an almost 9yr old daughter. I have been disabled and on disability for 3yr 2months. I would need an entire page to tell my situation but I don't want to take up your time. Basically I was in a 7yr relationship that was abusive and at my last attempt to leave I found out I was pregnant. I stayed eventhough I shouldn't have through the pregnancy and until my daughter was 6months old. He told me when I wanted him to see her again that he has a new family now and doesn't have time for her. Over the past 9 years he only seen her about 14 to 20x a year I have kept records for about 4 years of when he's seen her. On Oct.10th or right around there of 07' I was served papers a day and a half before the first hearing, I found out later that my rights were violated, but the judge said she would have to see him every weekend, she is terrified of him he is an abusive, alcoholic beast. he is litterly the worst person, not just parent on the planet, he's a real bs er and charmer when he meets people and the best liar evr. Do you know a lawyer who would be willing to help me at low or no cost. I have already given up my home and nearly lost my car and so much already. email me at sdiumenti@hotmail.com. Thank you for listening
check the bar assoication
check the bar assoication and ask for pro bono lawyers. they are free but they wont come looking for you you have to find them. every county has a few
PLEASE READ THIS, If he
PLEASE READ THIS,
If he takes your child to Mexico there isnt much anyone is going to do to help you. My husband sole legal custody of his daughter and yet hisex took his daughter to Mexico A YEAR AGO TODAY- the police questioned her family but took no action. We were able to intercept her passport application but if we had not done the research they would have given it to her no questions asked. I hope that you can find resolution to your situation that works better for you than ours.
That is so scary. I guess I
That is so scary. I guess I was naive to believe our divorce mediator that you need paperwork from your ex to be able to take your kids across the border. I had no idea it was so easy to get away with. Frightening!
DesertMom
http://ppdsurvivor.blogspot.com