What would you advice a father to do?

Q:  What would you advice a father to do? He has several children that are born in the United Arab Emirates that he can see with the cooperation of the mother as long as he complies with local law. The children are born in the United Arab Emirates, are US citizens and have never been outside their country of birth. He his not allowed to take his children out of the United Arab Emirates before there 18 birthday.

Additional information

 

He is not legally required to pay child support under US and United Arab Emirates law.


A:  David's Answer:  If the children reside in UAE, and have for at least the last 6 months - and there were no prior custody/visitation orders set in New York, then the father will need to file for visitation in the UAE. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Would FBI agents in stationed in Europe, comply with local law, and try to prevent the American father from harming his children

Q:  Would FBI agents in stationed in Europe, comply with local law, and try to prevent the American father from harming his children? Those FBI agents see those children in Europe on a regular basis with the corporation of local law enforcement and the mother as part of there investigation of an international child custody dispute. The European mother has violated a US court order. A court in Europe has handed down an order that contradicts the US order and prohibits those children from leaving Europe before there 18 birthday. Those children are not afraid of the FBI agents, but are afraid of their American father. The FBI has a liaison agent working at the American embassy in the country where the children are located.


A:  David's Answer:  I wouldn't even understand how the FBI would be involved with your family.   --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What should a mother do legally?

Q:  The father of her daughter does not exercise his court ordered visitation rights. This is 100 percent his choice.


A:  David's Answer:  Just keep a paper-trail (via e-mails or letters to him) confirming he's not exercising his visitation. Ultimately if he shows a pattern of this you should consider filing a petition to modify the schedule so that you don't have to keep getting the child ready for a visit which doesn't ultimately happen. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happen when a European mother takes her US born children back to Europe

Q:  What happen when a European mother takes her US born children back to Europe in violation of a US court order? The courts in Europe rules that the children will not be returned to the United States, but the American father can have supervised visitation rights. Those visitation rights will be supervised by the US Diplomats that work for the US State Department.


A:  David's Answer:  You would need to retain attorneys in both countries to challenge the jurisdiction of that foreign court's order. You may also need to file a jurisdictional action in U.S. federal court. For a full assessment, schedule a consultation with a NYC Child Custody attorney.  --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a non-custodial father refuses to pay child support but he still wants to visit his child in the USA?

Q:  What happens if a non-custodial father refuses to pay child support but he still wants to visit his child in the USA? He is not a US citizen and does not need a visa to enter the United States. A US court ordered him to pay child support, but because he lives and works in another country you cannot get child support enforced. The only thing the US family court can do is order the police to arrest the father arrested for not paying child support the next time he enters the United States.


A:  David's Answer:  Visitation is usually considered a separate issue from payment of child support, in that merely a refusal to pay does not, in itself, lead to a suspension of visitation rights. That said, yes, if there's a warrant for his arrest due to support arrears, then he can be jailed for up to 6 months for entering New York to visit the child. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

Does an American father have the legal right to complain under US law?

Q:  Does an American father have the legal right to complain under US law? His American daughter thinks she is born in Belgium and speaks her mother’s native language Dutch fluently. Every European that that sees her thinks she is born in Belgium and it in possible to tell that she is born in the United States. His son that is born in the United States also speaks Dutch and every body thinks he is born in Belgium and it is impossible to tell that he is born in the United States. This is 100 percent because of the way they are raised by their Belgium mother when they are an infant/toddler/child. You are a European or American based on how you are raised by your mother when you are an infant/toddler/child, not if you are born in Europe or the United States.


A:  David's Answer:  No. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

What happens if a non-custodial father has no income and can prove this to a judge

Q:  What happens if a non-custodial father has no income and can prove this to a judge when paternity is established for a child? He shows up in a the legal time frame. He lives with his wife a different woman that earns a lot of money.


A:  David's Answer:  The Magistrate can impute income to the father based on work experience and/or education, or may impute the portion of the support his wife is providing for him. Either way, he's probably better off just getting a job. --  David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)