where is my step son?

[VANCAM1]

What is the name of your state? CA
the child support order is through califonia, the childs mother just moved to texas friday. can we still file a custody claim in california now even though they are gone? can they help us find them

 

[VeronicaGia]

Yes, CA still retains jurisdiction over the case. Do it now, because once she's been in another state for 6 months will be a resident.

 

[VANCAM1]

when we file for custody do we have to deliver a copy or any papers to the CP? if so how do we go about finding out where she is? will the courts help us find her

 

[usmcfamily]

You will be required to make a "good faith effort" to find her -- that will include doing things such as contacting any friends or relatives of her's that you know, searching for her (ie phone listings, etc) in areas she is most likely to have settled in TX, etc......basically proving you exhaust all efforts to locate her. If you are successful you will have her served with the documents....if not you may be able to "serve by notice" which is to publicize the notice of the case in newspapers. The exact requirements of what is a "good faith effort" and the "notice by publication" vary by jurisdiction so you need to ask what the specifics are in the court with which you will be dealing with. Because she has left w/the child it complicates things - as does the not being sure where to locate her - so I suggest retaining the services of a good attorney with experience dealing with your situation......

 

[VANCAM1]

the mother is barely 18 and moved with her father and her mother will not tell us where she is. maybe if we bring up the fact that we will be posting it in the papers she will disclose the info to us. thanks usmcfamily

 

[usmcfamily]

If her mother knows where she has gone the court can "compell" her to disclose that info.........

 

[VANCAM1]

thank you, that really helped, we really want our son back

 

[usmcfamily]

Okay, please don't take this the wrong way but be very careful about using words like "our" son........I understand all too well how a step-child "feels/seems/etc" like a person's bio-child (my husband feels that way about my daughter) but when it comes down to the legal nitty-gritty of things it is not "your" child it is the child of your husband and the child's mother (I am assuming you are the step-mom from how the post reads????). It can be hard to keep the emotional side of things separate from the legal side of things but be wary of using the "our" word when it comes court time because this case should be more about your husband seeking to get "his" son back....know what I mean?

 

[OnlyOneVoice]

Question:

Do you have "legal custody" of the child, or just visitation rights.

If you legal custody and mom the child was just visiting, I would also go to the point of filing parental kidnap charges.

If you only had visitation, you won't have much luck other than the courts making decisions about how the transfer for visitation will take place.

Are there orders in place and if so, what exactly were you granted in the original order for custody.

 

[Boxcarbill]

Okay, please don't take this the wrong way but be very careful about using words like "our" son........I understand all too well how a step-child "feels/seems/etc" like a person's bio-child (my husband feels that way about my daughter) but when it comes down to the legal nitty-gritty of things it is not "your" child it is the child of your husband and the child's mother (I am assuming you are the step-mom from how the post reads????). It can be hard to keep the emotional side of things separate from the legal side of things but be wary of using the "our" word when it comes court time because this case should be more about your husband seeking to get "his" son back....know what I mean?

Gee, and only seems like yesterday that "we" (the original, poster and the loving father) were attempting to find out how they could terminate parental rights on this child. My how time does fly.

08-03-2003 02:41 AM

VANCAM1
Junior Member

Registered: Aug 2003
Location: California
Posts: 12
termination of rights
What is the name of your state?
california
my husband needs to terminate his rights to his child outside of our marriage. how does he do that? does the birth mother need to agree? there is child support involved.

 

[usmcfamily]

WOW -- wasn't aware of that.......been away from the site for quite a while so I am behind on who is who around here I guess......

 

[OnlyOneVoice]

Boy I missed that one!!

 

[VANCAM1]

there is not a custody order in place. the father did want to terminate his rights then we got false hope that we could temporarily sign him over then get him back once he got in the service. you have since told us that once you sign him away there is no going back. we are now back to plan A. if they dont want the father in his life then he will sign him away and move on and wait until the boy takes him on a talk show crying about not having a father