What Happens If I Default My Ex Who Fled With Our Child?

Question from Jack, What Happens If I Default My Ex Who Fled With Our Child?

Answer from AI:

When dealing with a situation where an ex-partner has fled to another state with your child and is not cooperating with legal proceedings, such as a paternity suit or custody battle, the legal process can become complex and multi-jurisdictional. Here’s a general overview of what might happen and the steps you might consider taking.

Understanding Default Judgments

A “default judgment” occurs when one party fails to respond to a legal claim or appear in court, allowing the court to decide in favor of the other party by default. In cases involving paternity and custody, however, courts are generally more cautious, especially when it involves the well-being of a child.

Establishing Paternity

Establishing paternity is the first crucial step if you are not listed on the birth certificate. This process legally determines that you are the father of the child, which is essential for pursuing any custody or visitation rights.

1. File a Paternity Petition: You would typically begin by filing a petition for paternity in the state where the child lives. Since the child has been moved to New York, you might need to file in New York courts.
2. Service of Process: The mother must be served with the legal papers. If she is intentionally evading service, you may need to seek alternative means of service, such as publication, as allowed by court rules.
3. Seeking a Default Judgment: If she fails to respond despite proper service, you can request a default judgment from the court. However, the court may require a DNA test to establish paternity before making any rulings.

Child Custody and Jurisdiction

Child custody issues are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which helps resolve jurisdictional conflicts between states. Under the UCCJEA, the child’s “home state” (where the child has lived for six months prior to the legal action) typically has jurisdiction over custody cases. If your son has been in New York for less than six months, Florida might still have jurisdiction.

1. File for Custody: Once paternity is established, you can file for custody in the appropriate state. This process will consider the best interests of the child, including your relationship with your son, the living situation, and other factors.
2. Enforcement Across State Lines: If a custody order is granted in your favor, and the mother remains in New York, you might need the courts’ help in New York to enforce the Florida order.

Legal Considerations and Next Steps

• Consult a Family Law Attorney: Given the complexity of your case, involving multiple states and unresolved paternity, consulting with a family law attorney is advisable. They can help navigate the legal system, suggest the best course of action, and represent your interests in court.
• Prepare for Possible Complications: Be prepared for potential challenges, including the need for inter-state legal coordination and possible resistance from the other party.

For more detailed information on filing for paternity and understanding your rights, you might want to visit the Handbook on Child Support Enforcement provided by the U.S. Department of Health & Human Services.

Note: This information is not a substitute for professional legal advice. Consider consulting a legal professional to get advice tailored to your specific circumstances.