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sss01 · Jun 5, 2013, 10:44 AM

What if a child was taken out of state by mother at 10 months old was suppose to come back and never did and now after 14 years is collecting child support from that state but the father has been paying and now they want health care at almost 600 a month on top of 350 a month and he has never seen him, what are his rights and what can he do?
Remember child was basically abducted from father, even though its been years can the father still do something about what happened? Not really worried about child payments unless it helps a case.

cdad · Jun 5, 2013, 12:28 PM

Has he been to court? Was he married to the mother at the time of birth? Has he been established as the legal father?

He can ask for visitation for one thing. Where is this $600 a month health care bill coming from?

sss01 · Jun 5, 2013, 12:38 PM

Originally Posted by cdad

Has he been to court? Was he married to the mother at the time of birth? Has he been established as the legal father?

He can ask for visitation for one thing. Where is this $600 a month health care bill coming from?

He has been to court awhile ago but never brought it up because he was served out of no where, the court was just for child support. No he was not married and yes he should be established as the legal father. The $600 is from his employers health insurance who said child support ordered it but he has not been to court for that. Would he have to go to court for visitation rights? And we are in California and the child and mother are somewhere in mich. No known address is given to him..?

cdad · Jun 5, 2013, 12:43 PM

Yes he has to go to court for it. If they are taking it from his paycheck then the company he works for should give him a copy of the order they received. With it should have a case number and other ways to contact the agency involved. Who is making the collections? California or Michigan ?

sss01 · Jun 5, 2013, 12:48 PM

Originally Posted by cdad

Yes he has to go to court for it. If they are taking it from his paycheck then the company he works for should give him a copy of the order they recieved. With it should have a case number and other ways to contact the agency involved. Who is making the collections? California or Michigan ?

I don't know who is making the collections... I think mich. Because that's where she filed. Is there nothing that can be done about her taking the kid years ago?

ScottGem · Jun 5, 2013, 12:59 PM

Originally Posted by sss01

I dont know who is making the collections...I think mich. Because thats where she filed.? Is there nothing that can be done about her taking the kid years ago?

That should have been done years ago. Did he ever go to court to establish custody and visitation? Did he ever swear out a warrant for parental kidnapping? Did he ever do anything beyond trying to find her where she was supposed to be?

I'm not saying he was remiss, but I am saying he probably didn't do all he could have done at that time.

So now what he has to do is go to court about his custody and visitation. He needs to file, in MI, for custody and visitation. He can fight the support payments but that's probably a losing battle. He might be able to get primary custody based on her abducting the child. It's a long shot though.

cdad · Jun 5, 2013, 01:00 PM

The time to act would have been years ago. Right now Im not sure what can be done as I don't know everything surrounding the situation. He might want to consult a lawyer in Mich and ask about it. Most of it is going to depend on his pursuit of the action that she took. Had he acted years ago then he might have gotten her on parental kidnapping. But after this amount of time I don't believe that is an option and he is better off spending his resources reconnecting with his child.

sss01 · Jun 5, 2013, 01:37 PM

Originally Posted by cdad

The time to act would have been years ago. Right now Im not sure what can be done as I dont know everything surrounding the situation. He might want to consult a lawyer in Mich and ask about it. Most of it is going to depend on his persuit of the action that she took. Had he acted years ago then he might have gotten her on parental kidnapping. But after this amount of time I dont believe that is an option and he is better off spending his resources reconnecting with his child.

I agree it late, but it still not OK, thank you and I will look into your advice.

ScottGem · Jun 5, 2013, 01:40 PM

Originally Posted by sss01

I agree it late, but it still not ok, thank you and I will look into your advice.

Its not about what is OK its about what the law says. It wasn't OK for him to not use the rights he had when she left. Now he is paying the price for not doing so.

sss01 · Jun 5, 2013, 01:48 PM

Originally Posted by ScottGem

That should have been done years ago. Did he ever go to court to establish custody and visitation? Did he ever swear out a warrant for parental kidnapping? Did he ever do anything beyond trying to find her where she was supposed to be?

I'm not saying he was remiss, but I am saying he probably didn't do all he could have done at that time.

So now what he has to do is go to court about his custody and visitation. He needs to file, in MI, for custody and visitation. He can fight the support payments but that's probably a losing battle. He might be able to get primary custody based on her abducting the child. Its a long shot though.

No he didn't do all he could especially legally, the shock of the event made him unprepared and destroyed, he tried on his own,eventually gave up and let it go, it wasn't till he got back on track did he realize his mistakes in pursuing her legally, he only heard and found out about her and son after she filed for child support, by then years had passed and now he realizes his mistakes in not doing it years ago. It still is wrong even if he hasn't acted tillnow and I believe she still should be accountable for what she did. He is a wonderful father and his son should know that.

cdad · Jun 5, 2013, 01:53 PM

Originally Posted by sss01

No he didnt do all he could especially legally, the shock of the event made him unprepared and destroyed, he tried on his own,eventually gave up and let it go, it wasnt till he got back on track did he realize his mistakes in pursuing her legally, he only heard and found out about her and son after she filed for child support, by then years had passed and now he realizes his mistakes in not doing it years ago. It still is wrong even if he hasnt acted tillnow and I believe she still should be accountable for what she did. He is a wonderful father and his son should know that.

What you have to understand is that here on the "Law" boards we try to leave emotion out and answer based on the law. I know it may appear cold or harsh but really that is the essence of the problem. Of course no parent should be able to take off and conceal a child. That is already a given. But right now we are trying to focus on the situation that you gave us and how best he can be helped.

sss01 · Jun 5, 2013, 01:53 PM

Originally Posted by ScottGem

Its not about what is OK its about what the law says. It wasn't OK for him to not use the rights he had when she left. Now he is paying the price for not doing so.

You are absolutely right he has been paying for not knowing and using his rights.

ScottGem · Jun 5, 2013, 01:55 PM

But that doesn't mean its too late. He can still get visitation and get to know his son and vice versa. But he has to go to court to do so.

sss01 · Jun 5, 2013, 02:01 PM

Originally Posted by cdad

What you have to understand is that here on the "Law" boards we try to leave emotion out and answer based on the law. I know it may appear cold or harsh but really that is the essence of the problem. Of course no parent should be able to take off and conceal a child. That is already a given. But right now we are trying to focus on the situation that you gave us and how best he can be helped.

Thank you I appreciate your help and advice he needs to go to court bottom line and go from there.

sss01 · Jun 5, 2013, 02:05 PM

Originally Posted by ScottGem

But that doesn't mean its too late. He can still get visitation and get to know his son and vice versa. But he has to go to court to do so.

Thank you for your help and advice I know where and how to get started now.

ScottGem · Jun 5, 2013, 03:51 PM

Originally Posted by sss01

Thank you for your help and advice I know where and how to get started now.

Just curious what is your relationship to him?

But wish him luck and keep us posted along the way.

sss01 · Jun 5, 2013, 04:04 PM

For curiosities sake, I'm his wife and thanks for the luck and will repost results , have a wonderful day/night.