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Out of State Fathers Rights

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  • 07-25-2014, 12:50 AM
    pjhan
    Out of State Fathers Rights
    My question involves a child custody case from the State of: Colorado (father currently lives in Illinois)

    My boyfriend has been divorced for approx 3 years & has 3 children through the marriage. He did not make it to the final court proceedings so does not know the actual custody orders. Until approx 1 month ago she denied he had any rights. We are assuming he has joint custody. We are unsure how to get a copy of the actual orders.

    At the time of the divorce he was unemployed but she was awarded with approx $6000 a month in support. Prior to the divorce he had given her control of his company & she had received all residual income checks. (We are battling with IRS over the unfiled/unpaid taxes for the 2 years of checks he did not receive.) Because of the tax audit & back child support he has had a hard time finding a job & 2 years ago moved back to IL with his parents. Over the last 2 years he has worked on & off & has sent her directly by money order or wire over 1/2 his income. His parents also try to help out & send money each month as well on his behalf. We have saved majority of these receipts. According to Child Support Enforcement he now owes over $56,000. We have sent in for a modification but have been told it can take 6 months to a year before it is reviewed. We also cannot get ahold of anyone at the numbers they give to call to report any of the payments he has sent.

    2 years ago his ex had came to IL for a funeral & had let his children stay with him for the 3 days they were in town. Since then we have tried the last 2 summers to be able to get them for a 2 week visitation & have been denied. This summer he had asked for a 2 week visitation over summer vacation & would pay the round trip air fair costs. She said she is willing to let them stay for 1 week but he must give her $1,300 for child support before she will allow them to come. Also they must stay at his parents house for the 1st few days if not whole trip so "they will be comfortable". Today she told the kids they will be coming to see him even after she gave her list of demands but tonight she had one of the children text him to say she told them she doesn't think they will be coming & to tell him he needs to pay her the child support. (He just sent her $100 last week from his final paycheck & is in-between jobs & she has received over $5000 each year in support over the last 2 years.)

    Since he lives out of state & the order was placed in CO, IL has since picked it up we do not know where to turn for any help & we have several questions. He also is out of work at the moment & cannot hire a lawyer. We are unsure if he needs a lawyer in IL or CO & if he needs it in CO how we would get him there for the proceedings. He is also afraid of fighting because he does not want to put the kids through any more turmoil. I do not think what she is doing is legal. I know in IL you cannot stop visitation for unpaid support.

    Here are my questions...
    1. How do we obtain a copy of the custody orders?
    2. Can she stop him from getting visitation for not paying the full support amount or until she receives a said amount?
    3. If he does take her back to court for revised visitation & support will he need a CO lawyer or can he get one from IL?
    4. What rights does he have being an out of state father?
    5. Do you have any advise on steps we should take for this situation?

    Thank you in advance for any suggestions or help you can offer.
  • 07-25-2014, 03:50 AM
    mmmagique
    Re: Out of State Fathers Rights
    He needs to contact the court his case was in and request it. There will be a (probably per page) fee.
    Support has nothing to do with visitation. I'm not sure at this point, if he even has visitation since he didn't bother to go to court.
    He will need an attorney in the state the order was originally made.
    We don't know what rights the courts have awarded him because he did not go to court. Presumably he has the same rights as any other father, since he is legally dad.
    Get an attorney. He needs to work, work work to get those arrears down.
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