What to do if my kid’s father has been absent for 10 years but now that I’ve remarried he’s trying to resurface only to cause a problem?

My husband is a sargent in the US Army and he’s currently stationed in South Korea. Me and my kids are currently trying to get approved for deployment. Does my kids father have any say so or any rights? He’s not on their birth certificate but he is on child support.

Asked on January 25, 2013 under Family Law, Mississippi

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

So there is a support order in place but you did not state if there was or was not a custody and visitation order, even though he does not seem to exercise any rights to same.  Generally speaking, courts like to help forster relationships between parents and children. Here, though, you seem to have a good argument that he should not have the ability to stop you from moving since he has never been a part of his child's life and you finally have a home life that would support you both.  Look, he will get some rights but you can fight to limit them.  You need legal help.  Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the father of your children has no custodial reights with respect to your children (legal and physical) then under the laws of all states in this country he has no say with respect to your deployment plans where you presumably will be taking your children with you. Making matters worse is that the father has been absent for ten (10) years.

I suggest that you consult with a family law attorney about the matter and have the attorney write the father a letter setting forth your intentions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.