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    snehareddy's Avatar
    snehareddy Posts: 1, Reputation: 1
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    #1

    Mar 5, 2010, 07:39 AM
    What happens to the children if custodial parent took off after divorce
    Non custodial parent,non us citizen(father) lives in india.Custodial parent of two minor children(twins 1 boy and 1 girl 8 years old) is us citizen.Divorce papers set no requirements or terms for visitation,child support etc.There has been no contact between non custodial parent and children.Their parent's got divorced when they were 4 years old.Their mother never allowed to meet their father because he betrayed her and he had an illegal child.Now the custodial parent got married and she has a 2 year old daughter,but she took off and the will of children's was given to children's step dad. Non custodial parent got to know about this ,can he claim for his right and get back the children's custody.What if the court is ready to give the custody to the natural dad and the children doesn't want to be with him?
    hlindsay0420's Avatar
    hlindsay0420 Posts: 13, Reputation: 1
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    #2

    Jul 12, 2010, 11:09 AM
    That depends, but I do believe that he has this right since they are his children and not theirs, but at the same time if they are young and this father has had them for many years it might be tough, also paternity must be established, i.e. non-custodil father must prove he is the rightful dad. Good luck!
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Jul 12, 2010, 11:37 AM

    Were the two children legally adopted by the stepfather?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 12, 2010, 02:50 PM

    My colleague, "this8384," has asked the pivotal question - were they adopted? If so the birth father is NOT their father.

    The advice about proving that the father is the natural father is also incorrect. He is ASSUMED to be the natural father until someone proves otherwise.
    Devorameira's Avatar
    Devorameira Posts: 2,461, Reputation: 981
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    #5

    Jul 15, 2010, 03:33 PM

    If he is still legally their father, I would imagine that he would be granted custody of HIS children.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 15, 2010, 05:03 PM
    Quote Originally Posted by Devorameira View Post
    If he is still legally their father, I would imagine that he would be granted custody of HIS children.

    I realize this is sort of a guess on your part but this is not totally correct. Anything could happen in this situation.
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