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saphiire · Jan 5, 2009, 02:28 PM

Is there a way to get a "court document" stating that I have legal "sole custody" of my son, without a long drawn out court issue?

I am trying to migrate to Australia with my husband who is an Australian citizen. My son's biological father has never had any contact with my son (by his choice). He is not listed on the birth certificate, we were never married, or lived together. He does pay child support by court order, but it does not specify any type of custody. The father denies any relations with me and refused to take a DNA test. He is the child's father "by default" because he did not show up for court.

As far as my research tells me, I need 1 of 2 things. A statutory declaration for permission to migrate, or a court order stating I have sole custody and that I can take the child out of the country. I am trying to find the most quick, easiest, and cheapest way to do this as time is of the essence, but funds are lacking... :)

I do have a passport already for my son as we visited Australia 3 years ago. Because his biological father was not listed on the birth certificate, I did not need any letter from him or any documentation about custody. Could I maybe use this as evidence of my sole custody?

cdad · Jan 5, 2009, 04:09 PM

Originally Posted by saphiire

Is there a way to get a "court document" stating that I have legal "sole custody" of my son, without a long drawn out court issue?

I am trying to migrate to Australia with my husband who is an Australian citizen. My son's biological father has never had any contact with my son (by his choice). He is not listed on the birth certificate, we were never married, or lived together. He does pay child support by court order, but it does not specify any type of custody. The father denies any relations with me and refused to take a DNA test. He is the child's father "by default" because he did not show up for court.

As far as my research tells me, I need 1 of 2 things. A statutory declaration for permission to migrate, or a court order stating i have sole custody and that I can take the child out of the country. I am trying to find the quickest, easiest, and cheapest way to do this as time is of the essence, but funds are lacking...:)

I do have a passport already for my son as we visited Australia 3 years ago. Because his biological father was not listed on the birth certificate, I did not need any letter from him or any documentation about custody. Could I maybe use this as evidence of my sole custody?

The birth certificate is for determining the parents of the child and therefore the ones that would be legally responsible for the child. It has nothing to do with custody. Its not like a car title. Have you told the courts and the child support agency that your planning a move to another country yet ?

saphiire · Jan 5, 2009, 04:40 PM

Well that's part of the problem. There are no "courts" involved. He has never wanted custody or tried to get custody. For all intents and purposes.. I am the sole custodian of my son. BUT The only official document I have is a birth certificate which does NOT have his name on it. I have contacted child support and they state it is not an issue. I am entitled to child support no matter where I live and they only need a change of address. I just need to find out how to proceed with my Visa application without a huge court issue... or issues that may get my application denied... ie needing a "court document."

cdad · Jan 5, 2009, 04:55 PM

What court documents do you have at this time ? The child support papers usually say something on them. Have you tried asking at the Australian Counselet ?

They may be able to provide information on what your going to need also.

ScottGem · Jan 5, 2009, 04:57 PM

Something doesn't make sense here. A court will only order child support from the legal parent. For a support order to exist, a court had to declare him the legal parent. If he's not on the because the court would normally require a paternity test. So I'm really confused as to how he is paying support without being declared the legal father. I suggest you reread the court support order very carefully.

I would then go back to the court that issued the support order and see if they will provide some statement of custody.

saphiire · Jan 5, 2009, 05:06 PM

Well as I stated in the original question... he refused to take a DNA (paternity) test... and was declared my son's father by "Default" when he also didn't show up for the court hearing. I have re-read the child support documents, and they do not state anything about Custody, and this is the issue I need resolved. Yes, he is the child's biological father, and legally he is the child's father because of the Child support order, but there is no custody involved. It was just a child support court... and it was 11 years ago, so I would have to reopen a new case, which is what I am trying to avoid.

cdad · Jan 5, 2009, 07:11 PM

Originally Posted by saphiire

Well as I stated in the original question...he refused to take a DNA (paternity) test...and was declared my son's father by "Default" when he also didn't show up for the court hearing. I have re-read the child support documents, and they do not state anything about Custody, and this is the issue I need resolved. Yes, he is the child's biological father, and legally he is the child's father because of the Child support order, but there is no custody involved. It was just a child support court...and it was 11 years ago, so I would have to reopen a new case, which is what I am trying to avoid.

You may have to open a case for custody and just hope he doesn't show up again so things can go smoothly for you. Without any legal documents to " prove " what your saying it can always be held in question. Also should he decide to want to visit the child you don't want to have to come all the way back to fight it. Get it settled before you go.

http://www.childwelfare.gov/systemwi...utativeall.pdf

ScottGem · Jan 5, 2009, 07:58 PM

I guess he must believe he's the father. I can't imagine anyone paying support without a fight, but that doesn't deal with your issue.

If you have to open up a new case, that's probably going to be what it takes. It shouldn't be that bad, just file a petition to give you sole legal and physical custody. Unless he chooses to fight this time, the judge should rubber stamp it.

Fr_Chuck · Jan 5, 2009, 08:00 PM

If there is no custody paper work, you will have to go to court, you can have the court order him to take a DNA test, if he does not, he is held in contempt of court.