What are my rights related my son custody ?Can I take him to leave with me in Brazil?
360243
eh that's a sticky issue. depends on which state you live in. he could file kidding napping and have the FBI go after you when you cross a state line. little alone leave the country. i would talk to a lawyer before you do anything.
712578
Surely you have travel insurance ?  Can't the travel insurance company fix you up with a solicitor ?  \n\nYou could also try asking the British Embassy/Consulate in Brazil for advice.
412359
Unless a court has given you some sort of shared custody agreement, which you would know about, the custodial parent has all the rights.\nSince you are paying support, you can go to court to ask for visitation, but the court will not be interested in what is owed to you, but rather, what you can offer to the child.
382477
That's a tough one. I think Jurisdiction will apply. Were they married in the US. If so, the US, and state in which they were married will have jurisdiction over the case. If he moves back to the state and county that they were married in, all of the proceedings will occur there, regardless of where she lives. If he moves somewhere else in the US, that county will have jurisdiction.\nCustody will be difficult to keep in Germany if he has reason to take custody from her. He will have to provide sufficient evidence to support a claim that he should have the child and not her.\nThe difficulty here would be that if she resides in another country, the US cannot enforce any laws on her. They cannot issue wage assignments or other enforcements, rendering them powerless. In that case, they may either relieve themselves of jurisdiction and make him deal with her in germany, since that is where the child is born, or move the child to the us so that they can have more control over the circumstances.\nNothing is easy or permanent when it comes to court battles. Just do the best you can, be honest and reasonable, and mind your p's and q's (no deception or harassment or emotional manipulation on the child)... Good luck to you :-)
797152
Unless the father wants to, yes wants to, give up his legal rights you probably won't be able to.  Along with that you shouldn't.  In any case I don't know of any state that will take away a fathers legal rights because mom is getting remarried.
320015
I'm not a lawyer but I have 23yrs of law enforcement experience. You really didn't give enough info for me to say. It depends on many factors; such as what were terms of your divorce, why he hasn't been in kids' lives, financial support, his reason for sudden interest and any claims he's making to help him gain custody, any personal problems or negative actions by either of you,etc. Assuming you were awarded custody originally and there were not and are not now any extenuating circumstances that drastically change the original status of his behvior/situation or yours or the children and he basicly just decided he wants custody chances are slim the court would change the managing conservator status you hold unless he can show you to be an unfit mother. He might be able to negotiate visitation rights but doubtful the court would disrupt the children's lives without just cause.
137146
It mostly depends on what the court said (or you set up) at the time of the divorce and the awarding of custody.  It is possible you have no rights at all, right now.  But you can always go to court to modify the existing arrangement, and you should do so to guarantee you have visitation rights if you have no formal, legal agreement.\n\nThe California Supreme Court issued a ruling just recently which made it easier for a court to allow a custoiial parent to move out of state with the child.
926292
It sounds like you can VERY EASILY proove that he is an unfit father!  I don't know of any judge that would give him any kind of rights to your daughter.\n\nYou need to see a lawyer!
869712
You need to leave, taking your son with you. If your s.o.'s prior domestic violence was severe enough to land him in jail, you and your son are in danger! But I think you know that. You need to go to your version of the Family Court and apply for an ex parte Protection from Abuse order to start with. If it is approved, this could give you temporary custody of your son and even possibly give you possession of your place of residence (depending on a lot of situations, of course.)\n\nOnce you have done this, get in touch with your version of the Legal Aid Society. They should be able to advise you about the legality of the recordings you have and help you at no charge. Also, check out the Domestic Violence Center. If you have nobody you can live with until this comes to a full hearing, they may be able to find you a safe shelter.\n\nOnce you go to a final hearing, if you get a FULL Protection from Abuse order, you can try for custody. You MUST try to do this, despite the threats. If you don't, you KNOW there will be more trouble and possible violence. If you DO this, you will at least have SOME chance that things will get better and you will have what you want and need.\n\nPlease -- take care -- but get help soon!
311492
Yes, you need to start keeping a journal of everything that happens.  It will be invaluable when you go to court.  Do this until your child turns 18.  Every missed visitation, missed child support payment, phone call, stupid thing he says to your child...EVERYTHING.  Start now!\n\nBut, the bad news is, 3 months isn't long enough to do much.  YOu need to start by filing a complaint about him not paying child support.  You can get a lawyer, but that's expensive.  My suggestion would be to either go to the court and file yourself, or call DSS/CSD/Whatever it is where you are.  Often they will help you, and once they get involved, they will take care of it until your child turns 18.\n\nOnce he gets in trouble for not paying child support, then you need to go back to court and ask for a modification of visitation/custody.  Normally when parents have shared custody, the mother gets less support because it is assumed that the father is sharing the costs of the child.  Use that and his lack of visitation as your grounds for requesting a change in custody.\n\nWhy does he have supervised visitation?  You may be able to use that to your advantage as well.\n\nYou will most likely not be able to get his rights terminated. This is a severe action, and courts don't like to do it.  If rights are terminated, the child becomes an orphan if the remaining parent dies.  Plus, terminating rights removes financial obligations.  In the eyes of the state, this makes it more likely that the state will have to pick up the slack in supporting the child with welfare, medicaid, food stamps, etc.\n\nI would just get yourself sole custody and make sure you keep his visitation supervised.  Then keep your child away from him, collect your child support if you are ever lucky enough to get some, and you and your child go on with your lives.\n\nThink about it, won't your child be better off?  My son has a dead beat dad and I let him off the hook.  I would rather he go off and not be in my son't life at all than he continually disappoint my son for the rest of his life by not showing up for visits, holidays, birthdays, etc.  Once a jerk, always a jerk.  Let him be a jerk to someone else.\n\nAlso, I know its not cheap, but I strongly suggest getting a lawyer when you do this.  He will protect you and your child and make sure you get what you deserve.  Also, I have heard more than one judge get upset when a parent comes to court without a lawyer.  Even though you can file by yourself, the results are just as serious as if you did have an atty.  So if you go by yourself and represent yourself poorly, it can have very negative effects on your child.\n\nGood luck!
836970
Not the proper way of handling the situation , try divorce first as you may be open to a federal charge for taking the kid across state lines . The father has rights also in spite of your differences.
1042028
I think you should talk to the local authorities and tell them what's going on. He sounds abusive; if nothing else controlling. You may even be able to get an interpreter, if necessary, depending on your location. They will likely direct to to your local social services office. They can tell you if you need to and are able to file a protective order (i.e. restraining order).\nIt certainly doesn't sound as if you or your Mother have done anything illegal, and if he is your step father and a U.S citizen, your Mother probably went through INS for a permanent residence card (meaning she's here legally). I hope you two are able to work it out.
350749
You do not have to go.  He is hoping you will "consent" to his questioning.  Everything you say can and will be used against you in a court of law.  Contact an Attorney.  More than likely your Attorney will suggest you remain silent.
491281
Consult a lawyer or the reference section of a library.\n\nDo your own search on the net for starters to find out the laws of the country where you are - we can't answer this as there is no info as to where you are!\n\nCheers
181863
File a petition with the court to relinquish your parental rights.\nThat dosen't sound like a good idea though.
1073838
No. I went through the same thing when I wanted to bring my son to Panama. His father had to give written consent for him to get his passport.
839104
No since you are married, you have suitable care for your son while youre away. If questions come up tell the court its only temporary til you find another job. Not alie as no job is permanent. But I see no problem here.