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grapecandy · Mar 9, 2011, 08:06 AM

My husband has a child from a previous relationship. He was a resident of Florida at the time and so was the mother. The child was also born in Florida. (My husband and I are residents of Arkansas now) Soon after the child was born, the Mother of the child wanted to go "stay for awhile" in Germany with her parents who are there for military duty.My Husband (we were not together at the time) signed the birth certificate at the time of birth and also signed his daughters pass port on the agreement with the mother that it was only a temporary visit. There was never a custody agreement. Its been almost 18 Months and she hasn't returned. She is just living over there with her parents. (no job) She has cut off all contact with my husband. She has changed her phone number, won't respond to emails, and has him blocked out of Facebook. What rights does he have as her father? He wants to be apart of his daughters life, at least get updates and pictures. Is this legal? Can he make her come back to get a custody agreement in place?

AK lawyer · Mar 9, 2011, 08:26 AM

Originally Posted by grapecandy

... Can he make her come back to get a custody agreement in place?

Probably. The divorce court (in Florida) should have determined whether she was pregnant and, if so, provided for custody, visitation, and child support at that time. He should move to modify the divorce decree. Whether she returns to contest the motion would be up to her.

Under the Uniform Child Custody Jurisdiction and Enforcement Act, it's a race to the courthouse. If she files something in Germany first, Germany would probably have jurisdiction.

And, of course, if he does get a visitation order out of a U.S. court, heaven knows whether he would be able to enforce it in Germany.

PS: I somehow got the impression, when I first read your question, that they were married at that time. I now see that you didn't say that. So, if they weren't married, he should file for visitation, etc. but would probably have to file over there.

grapecandy · Mar 9, 2011, 08:35 AM

Sorry I should have specified that. NO, they were never married.

AK lawyer · Mar 9, 2011, 08:39 AM

Originally Posted by grapecandy

sorry i should have specified that. NO, they were never married.

Ok. Then he would have to get an attorney in Germany. Either that, or wait until she returns to the states.

I don't know what, if any, pressure could be brought to bear against her parents, through the military, to encourage her return.