Re: How to Get Custody After Non-Service of a Divorce Case
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Mtxpro123
My question involves a child custody case from the State of: new york
As you guys know im trying to win custody over my son. She divorced me without my knowledge used false address and did not tell me about the divorce. I went back to our country and now shes being served as the divorce was fraudulent. She is married to this woman meaning the marriage is not legal. If I prove she committed fraud I will gain back custody of my son and the child she had now will be considered mine as part of the marriage.
Will justice be served on my behalf? Any advice? Thanks.
Please dont start attacking me. She divorced without my consent. Although I acknowledged the divorce on paper in the usa she did it behind my back. And thats fraud.
She did informed me but I refused to provide an address
Have you not trolled enough? You have been given all the answers possible on this. Since when do you have to give "consent" to divorce someone? I didn't need my ex husband's consent to divorce him.
So wait - how did she do it behind your back but you "acknowledged" it on papers? Her other child is not yours. Stop trying to take her kid. You won't get the kid. You probably won't get custody of your kid you allegedly have with her either.
Re: How to Get Custody After Non-Service of a Divorce Case
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Mtxpro123
The divorce she was granted in the USA is fraudulent and thats why Im fighting it in my country. Im not planning to stay in my country, I just went there to anulled the divorce she did fraudulent behind my back. Another thing is that when she registered the divorce in the usa she provided an old address of mine. So I was not even properly served.
My concern is that when I went to court in the usa I did acknowledge we were divorced but no custody was mentioned. When in fact she was given custody. Matter that I didnt know. Can she use the fact that I acknowledge the divorce in the usa against me?
Your countries actions will not alter the US actions. If you wish to deal with the US divorce you need to take actions within the US. You need to understand that while the US acknowledges marriages and divorces that have taken place in other countries, the actions in another country do not alter the actions taken in the US such as your divorce.
Since you have accepted the US divorce in a aUS court, you are divorced. If you wish to attempt to argue paternity issues that is a separate matter. If there are actually children of the marriage you can deal with that still without altering the divorce
Re: How to Get Custody After Non-Service of a Divorce Case
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Mtxpro123
How does my country does not have jurisdiction over us citizens (she is a citizen) but they do have jurisdiction over my country? The same way she registered the fraudulent divorce the same way I can present the anulment of it and it should be considered false in the usa
Because nobody lived in your country when the divorce was granted, and mom and the child still live in the US, and you have already stated that you do not intend to remain in your country. Therefore the US is the habitual state of residence of the child, and therefore the US has jurisdiction.
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I do not want to punish her or take away the children or remain married. I want to see my son I want to know whats going on and she wants no contact with me. She put her wife to talk to me to arrange visits. Shes not my son mother! Yes she pay his school and support him but shes not family neither the mother.
You are lying. You wouldn't be doing anything that you are doing if it was for trying to force your will on the mother and for revenge against the mother. If you really were putting your son first you would be paying your child support and you would work with whomever you needed to work with to arrange parenting time.
Re: How to Get Custody After Non-Service of a Divorce Case
The only legal avenues that I can see for you is to file a request to modify custody and establish a parenting plan for your child, and to file a paternity case for the baby.
You cannot legally claim to be the dad of the baby just because you think it was born under false pretenses.
You should really talk to an attorney. You have a lot of confused ideas about how court works in the United States.
Re: How to Get Custody After Non-Service of a Divorce Case
Oldsmom thanks. i did we have court on Tuesday for modification of custody for my older son. The out of state court is to appeal the divorce that was done without my consent and knowledge and thats how she gained full custody.
Re: How to Get Custody After Non-Service of a Divorce Case
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Mtxpro123
Oldsmom thanks. i did we have court on Tuesday for modification of custody for my older son. The out of state court is to appeal the divorce that was done without my consent and knowledge and thats how she gained full custody.
It is not required you consent to a divorce. Additionally that appears to be quite some time ago. Even if you may otherwise be able to contest the divorce, given the time that has passed and your acknowledgment pretty much shoot down any chance of contesting it now. It just isn’t going to happen.
You can’t force a person to remain married to you or they choose to not be married to you. You have admitted to having knowledge of the divorce several times through the thread.
Was she pregnant at the time of filing for divorce? If not, unless you can prove you had sexual relations with her after she filed for divorce, you simply have no right to seek a determination of paternity.
It slso sounds like you enjoy withholding child support payments in order to force the mother to comply with your demands.
I’ve read only a few of your other threads but it appears this is all about retribution rather than a true belief the baby is yours.
Re: How to Get Custody After Non-Service of a Divorce Case
She divorced me in 2016. But just recently it came to my knowledge that we are divorced. The time we were together from dec2016-feb2017 we even filed taxes together but supposedly she did an amendment and corrected That. She been with this woman since 2015. But we got together twice june 2015-july2015 and dec2016-feb2017. I convinced her for our son. But she got back with this witch which she called wife now.
She did told me about the divorce before getting back together but we got back together only lasted a month than again the second where we filed taxes together.
The child she just had We ended the relationship in feb2017 and she got pregnant maybe later but maybe she used my sperm. Im just confused and need answer.
Re: How to Get Custody After Non-Service of a Divorce Case
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The child she just had We ended the relationship in feb2017 and she got pregnant maybe later but maybe she used my sperm. Im just confused and need answer.
Are you suggesting she somehow retrieved your sperm from herself, stored your sperm and later impregnated herself?
dude you have some serious issues but that baby being your child isn’t one of them.
and if you were informed of the divorce three years ago and refused to do anything then, it’s too late to do anything now.
Its time to to act like a father to your child (the older one) and stop doing things to cause other people problems.
Re: How to Get Custody After Non-Service of a Divorce Case
What are my chances of winning the divorce appeal? We have court on Tuesday for custody
Re: How to Get Custody After Non-Service of a Divorce Case
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Mtxpro123
What are my chances of winning the divorce appeal? We have court on Tuesday for custody
Somewhere between 0% and 100%, depending upon the strength of your legal case and how well your appeal is prepared and argued.