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Va mom USA · Dec 6, 2009, 04:22 PM

My husband is a U.S citizen. He has a child who will be 4 in March. The child was born and resides in Peru with the mother. She put his name on the birth certificate and got a DNA test from an american embassy in Peru that is positive. They were never married. He has never seen his child, But she filed for child support in the state of VA (via the american embassy) which he is not a resident of, just a government employee working here only. He is a resident of PA. She will not come to the U.S to establish a relationship between father and son. He will not go to Peru in fear of her entrappment (she has blackmailed him and will lie and steal to get her way). I am concerned that another "broken home" child will be a victim of circumstance. My husband and I are willing to go to court to pursue full custody however, we also feel it is in the child's best interest not to be thrown across country with rival parents because he's entitled to both financial and emotional support of BOTH parents. She suggested to abolish rights and stop child support to end and cut off all ties to prevent long, difficult court processes to pursue this custody battle. We agree to her terms however, we don't think she can stop child support. Can she really do this? In Peru? Or should we go to court and battle this head on? Being plucked from his home in Peru almost seems cruel, but the father is entitled to visitation and he should be able to live with us for periods. Couldn't this possibly hinder the emotional wellbeing of a child? So with this in mind, is it a better solution to leave the child with what he knows and cut off ALL TIES until the child is ready to discover the truth?

Thank you,
VA mom

cdad · Dec 6, 2009, 05:28 PM

Im not sure that she can file for child suport in a U.S. court. The child was born there. It should be she files there and then gets a U.S. court to enforce it here. I think what she is really doing is trying to live like a queen off her child. He may end up paying more in support in a month or 2 then most of the peru citizens make in a years wages. Somehow that doesn't seem right that she can do that. Has the child ever been in the U.S. or is established as a U.S. citizen ?

Fr_Chuck · Dec 6, 2009, 06:10 PM

I am torn, morally he needs to pay child support for his child,

But on a legal side, since he is the father, the child has the rights of citizenship even if born there and I will assume though the embassy she has established that. So on behalf of the child she has the right to sue for child support.
Here is the issue, in the US, that would be in the state where the child lives, since the child does not live in the US, there is a issue where the jurisdiction lies.

If she has filed in a jurisdiction where the father does not live, his attorney should merely file to have the case dismissed because that court has no jurisdiction in the matter.

In the US, you can't just give up your rights period, it is a long court issue.. And normally they court will not allow it to happen. And if they did allow rights to be given up, child support still has to be paid.

The best would be for them to merely agree on some sum to be paid, and subbmit that to the court as a settlement.

cdad · Dec 6, 2009, 07:10 PM

Mostly its going to depend on what has been presented to the courts already as to if the child is a citizen or not of the U.S.

Ref:

Acquisition of U.S. Citizenship by a Child Born Abroad

Va mom USA · Dec 7, 2009, 05:49 AM

Originally Posted by califdadof3

Im not sure that she can file for child suport in a U.S. court. The child was born there. It should be she files there and then gets a U.S. court to enforce it here. I think what she is really doing is trying to live like a queen off of her child. He may end up paying more in support in a month or 2 then most of the peru citizens make in a years wages. Somehow that doesnt seem right that she can do that. Has the child ever been in the U.S. or is established as a U.S. citizen ?

I agree with you. The conversion rate is 1 us $ to 2.88 of Nueva sol. Almost three times the amount! But it's the child's right? Id like to believe that. The child has never been to the US. The mother said she wanted to take a trip to disney land and my husband would have to find a way to see him there if he really wanted to see his son. I wish the child support should be supported in the sate in which the child resides. Not in VA. I don't think she has established citizenship yet. And I don't think she needs my husband at all for it. I will talk to a lawyer about restating the child support amount. My husband feels he is in a dead end and there is no way out for him. I'd like to help him as much as possible. Thank you for your response.

Va mom USA · Dec 7, 2009, 06:01 AM

Originally Posted by Fr_Chuck

I am torn, morally he needs to pay child support for his child,

But on a legal side, since he is the father, the child has the rights of citizenship even if born there and I will assume though the embassy she has established that. So on behalf of the child she has the right to sue for child support.
Here is the issue, in the US, that would be in the state where the child lives, since the child does not live in the US, there is a issue where the jurisdiction lies.

If she has filed in a jurisdiction where the father does not live, his attorney should merely file to have the case dismissed because that court has no jurisdiction in the matter.

In the US, you can't just give up your rights period, it is a long court issue.. And normally they court will not allow it to happen. And if they did allow rights to be given up, child support still has to be paid.

The best would be for them to merely agree on some sum to be paid, and subbmit that to the court as a settlement.

I agree on the sum to be agreed upon. But with someone who lavishes in the child support (I seen the pics of the expensive birthdays and the clothes and jewelry the mother wears, she even has mass emails sent out to invite all her friends to party cruises and expensive holidays) its going to be hard. I thank you for your response as I am too morally torn. This child deserves both parents, and I think my husband and I can provide a better future for his kid and I think we should pursue full custody. He will have more opportunities here in America. We will challenge the child support amount and if we can get it lowered, we will fight for custody. It will be expensive but it will be worth it. Am I overstepping by boundaries with this? Am I going to far? Hes not as "head on " with this as I am. He feels trapped and no one will help him at the Child support office. No one will let him see his file and no one will give him a number to call. They stand there at the window and look the other way calling next in the middle of him asking a question!! Hes not a dead beat dad, he's getting treated like one though. So not fair.