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BabiixG · May 4, 2010, 06:13 PM

My son's father owes over $3000 in child support (still accumulating 80$ a week). He also is not a citizen, he is a Canadian citizen who is here on an expired passport. The government knows he's here because he signed the birth certificate and he's in the process of "trying" to get his papers. Can he still stop me from moving to California with my son? We live in Massachusetts. He keeps saying to me that he's going to "interfere" and "i know im an alien but I know my rights"

BabiixG · May 4, 2010, 06:14 PM

Oh yea he is also born in Thailand but has Canadian citizenship

Fr_Chuck · May 4, 2010, 07:38 PM

1. his legal status is really not a issue to family court.
2. Is there a court ordered child support I know you say he is being, but is that ofically behind.

3. what type of custody order is there, and what is his status, joint custody ? visit ?

4. does he visit ?

But yes, you can not move without his permission, since taking the child out of state would stop his rights at visiting the child.

You may fight in court, if he has not visited the child in months and is not paying, but it will be a harder court battle

BabiixG · May 5, 2010, 06:21 AM

He is court ordered to pay child support and I had full custody when I put a restraining order on him last year but I don't know if that's still in affect. He sees the baby randomly. The baby is with him right now because I am doing night classes at school (the first time in 5 months he has seen him). He only wants to do it to get back at me over an argument we had. I highly doubt he really has a problem with us leaving... thanks..

excon · May 5, 2010, 06:31 AM

Originally Posted by BabiixG

I highly doubt he really has a problem with us leaving... thanks..

Hello B:

If he does, you can't go, and that's the way it should be. You wouldn't want HIM to take your daughter someplace where you can't see her, would you??

excon

BabiixG · May 5, 2010, 07:36 AM

Well if I put myself in his shoes... I would only see my son when it was conveniant for me and have nothing better to do, I'm working (under the table) and living with my mom but has yet to pay a penny in child support, I don't buy my son anything not even diapers I would assume that I wouldn't care. Well at first he didn't mind that we were leaving he just wanted to see him one last time before we left. Then we got in an argument about I don't even know WHAT and he's just doing it to get back at me.. Yes he constantly uses our son to get to me because it's the only thing that he knows that WILL get to me. But thanks for everyone's advice I just wasn't sure what his rights were if he owes so much in child support and he's illegal here. I didn't know that it had nothing to do with family matters... I know he doesn't care he disappeared for almost a year claiming to be in Canada because he didn't want to watch my son while I went to school.. He was at his mom's house the whole time lol well that has nothing to do with my question I know. But just in response to your comment I'm just saying he doesn't CARE where I take our son he just wants to stop us because he wants to make my life miserable.. =)

excon · May 5, 2010, 07:56 AM

Originally Posted by BabiixG

But just in response to your comment I'm just saying he doesn't CARE where I take our son he just wants to stop us because he wants to make my life miserable..=)

Hello B:

I'm sure his side of the story would be different... Nonetheless, even IF what you say is absolutely true, it doesn't change my position. And, my sympathies don't lie with him, either. They're with your daughter.

You're young. He's young. She's a baby, and people change. It's not fair to her to make pronouncements about her father, and PRESUME that he's going to REMAIN that way for the next 18 years. Nope. Neither YOU or HIM are going to be the same. He may very well shape up and turn into a wonderful father... Or he may not. The point is, you're choosing to remove your daughters father from her life, most likely FOREVER.

That's a HELL of a thing to do to your child. I wouldn't do that to my children. Besides all the bad stuff about him, you musta found something good. Maybe your daughter will too.

Having said all that, you should know that it's not just ME who says this. The courts have also adopted this position. The decision to let you go or not will be based upon what's best for your DAUGHTER - not YOU or HIM.

excon

BabiixG · May 5, 2010, 09:13 AM

I'm not doing anything bad to my son by moving. I'm graduating from school and have always wanted to live in California. I don't think I am doing wrong by my child if his father is barely in his life to begin with and I am making a better life for me and my son without his father. I'm 25 and he's 32 he is not THAT young. I'm not going to sit around with my son and wait for him to decide to become a responsible adult. I'm not removing them from eachothers life forever I would NEVER do that to my son! I'm just doing what I need to do to have a good life and do what's best for my son and unless people know the whole story about us they can't say if it is in the best interest or not for the father to be in his life. Especially after everything he has done to us that I am not going to put on here. Being the only person that has taken care of my son since the day he was born I think I do know what is good for him.

BabiixG · May 5, 2010, 09:15 AM

And I'm almost absoulutely sure the courts would agree with me seeing as he's already in the system for other things..