[meirariem]

Hi, I am a parent of a five year old who was born in the USA. I returned to the UK when he was around two months old due to an abusive relationship with the child's father. I am the only parent listed on the birth certificate. Subsequently the father went to court to file a paternity suit requesting "that the court name the parties joint managing conservators, establish paternity between the child and himself, and allow him the exclusive right to designate the residence of the child." I hired a UK attorney who stated she could not help and as such the 30 days elapsed and a default judgement was made. My problem is that I cannot access the court documents, being overseas, and am not able to see what the judgment consisted of. My main concern is that I will not be able to return to the USA as I will have to relinquish my son to the abusive parent. The final judgment was made in 2009. I have family in the USA still and would really like to know if I will be able to return at any point in the future.

[AK lawyer]

First, did you hire the lawyer in the UK, or consult with her? She would have told you instantly, assuming that she wasn't licensed also in whatever state it is where the custody suit was filed, that she couldn't help you. You should have immediately hired an attorney in the US state to defend the suit.

Be aware that family law, in the U.S. is a matter of state, not federal law. Thus it is important what state we are talking about.

Be that as it may, you can find out what the decree says by contacting the clerk of court in the US. Some clerks are more helpful than others, but at the very least, for a small fee the clerk's office should be willing to mail you a copy.

Alternatively, you could retain an attorney in the U.S. state to look into getting the custody decree set aside or modified, perhaps for the reason that you were not in a position to defend the lawsuit. That attorney could at least get you a copy, and advise you as well. Keep in mind that there are international agreements which make it possible that the child's other parent could seek to enforce the decree in the U.K.

[ScottGem]

I would suspect that, if the father found out your son was entering the US, he could claim the child. If just you entered the US, he might be able to have you arrested.

As AK noted, you should have hired a US attorney, or your UK solicitor should have contacted and worked with a US attorney.

[cdad]

If its just a matter of being "here" then you have already said you have family here. If that is the case then ask one of them to get the documents for you to examine. Court records unless sealed are a matter of public record so they can have access to them upon request.