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liteway · Feb 8, 2010, 11:58 AM

Father who has 50 % legal custody but child is with the custodial mother. Mother is in fear that father will keep child in Canada an will not return child to her in the USA, can she have him to be bonded? So that he knows that he has to return child to the mother who has the most custody. If not is there something that can help with this problem. The father has not been doing anything accept pays child support but at this time is in arrears over $2000. He has also claimed child on his taxes but the child resides with her mother in the USA. Please help. Thank for your time.

cdad · Feb 8, 2010, 02:25 PM

Unless he had a history of keeping the child I don't see a judge imposing a bond against him. Your fears don't really count at this time. Also you already have legal recourse should he not return the child.

liteway · Feb 8, 2010, 06:39 PM

This so called father, is in arrears of child support, he was told that he has to pay for all trips except for Christmas and summer vacations, those two trips mom has to pay half. Which she has done. We are asking for some type of response from him by the court stating that he will return the child to the USA for he is in arrears with child support, just before he left he filed and got bankruptcy. He has not money to pay the arrears, so how is he going to pay for a trip to Canada the arrears should be paid to show that he is in step with the custody before taking the child to another country.

cdad · Feb 8, 2010, 06:45 PM

Support and custody are separate issues. I have no idea how he is going to do it. But if the court orders say its his time with the child and you don't comply then you can be held in contampt of court and possible jail time or lose custody.

Fr_Chuck · Feb 8, 2010, 07:00 PM

Filing bankruptcy does not mean you don't have some money, it means you have less than the maxium amount allowed in exemptions.

His being behind on support has no legal bearing or relationship to his right to visit or his rights to custody.

We understand he is behind, so what are you doing to get it taken care of, have you taken him back to court, contacted child support enforcement?

And if he has rights to the child at this point, you have to either get the court order changed for some reason you can prove with evidence or let him have the child, you could be held in contempt of the court, for not letting him have the child

liteway · Feb 8, 2010, 11:04 PM

That's true you have no idea? Just wanted to have reassurance since he is a dual citizen we are very concerned that he well not send the child back to the USA. For he has lied so much, and has done nothing for her at all except to pay the support until he abruptly left the country and did not tell the court or the mom's lawyer that he was leaving the country. As well as being in Arrears with the Child Support you would think that would play a part since he can not afford to pay the price, I would believe that he should have to be paid up in the custody to show good faith as well which he has not done. Trust is hard when your working with a complusive lair.
Mom won't Jepordize custody that is why we ask the questions. Up front. Can the Border patrol stop him at he border for unpaid child support as well.
He wants the child to fly from Alaska to the lower 48's she can not travel alone since it is considered an international trip. So he also has to pay all of that as well. He is a risk and the mom just wants to know that she will have her child back.