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How to Get Custody After Non-Service of a Divorce Case

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  • 07-12-2018, 09:21 PM
    Mtxpro123
    How to Get Custody After Non-Service of a Divorce Case
    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
  • 07-12-2018, 09:39 PM
    jk
    Re: She Divorced Me Without My Knowledge - Custody
    A person cannot be required to remain married to a person simply because they have hidden their location.

    Im terribly confused of the statement that you acknowledged the divorce on paper yet somehow she did it behind your back. Acknowledging the divorce means you knew about it. It isn’t behind your back if you are aware of it but refuse to engage in the process.

    Ya lost me on the part about the child being yours if it was a product of the marriage. Can you eexplain this more? You need to understand that children born during a marriage are often considered to be the child of the married parties, that is generally refutable.
  • 07-13-2018, 04:06 AM
    Mtxpro123
    Re: She Divorced Me Without My Knowledge - Custody
    Thank you. She is married to another woman and they have a child through insemination. She says is not mine but I know it is.

    She did this divorce fraudulent to keep custody of my child. I deserve to have a fair divorce and fight fir my son custody
  • 07-13-2018, 04:22 AM
    jk
    Re: She Divorced Me Without My Knowledge - Custody
    You have not really explained how it is fraudulent. You have allluded to a possibility but in itself is not the basis for a fraudulent action. There are means to overcome the issues mentioned.

    If you truley believe the child is yours you should consider filing a paternity suit. Q
  • 07-13-2018, 04:29 AM
    Mtxpro123
    Re: She Divorced Me Without My Knowledge - Custody
    She used an address different than mine in my country. I was not properly served or notified by court. And she used her wife address as mine just because she “couldnt locate me”. I want custody of my six year old. The new born which I believe is mine and not through insemination once the divorce is annulled he will be considered mine as law.
  • 07-13-2018, 04:40 AM
    llworking
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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

    Starting another divorce in your home country will not override the US divorce that has already been granted. In fact, if you were to re-open the divorce in the US that would not "annul" the divorce, it would only allow custody issues and property settlement issues to be reopened. If you intend to remain living in your own country, there is little chance that you would receive primary custody of your child, and you won't even get visitation in your country if you start a custody case there to try to override the US one.

    Therefore, there is absolutely nothing you can do to undo the actual divorce itself.

    Also, if you are not the biological father of her second child, you will NEVER get custody of that child. Even if it could be proven to be your child due to marriage, that can easily be refuted by a paternity test.

    You have been told over and over again that she did not need your consent to divorce you. I do not understand why you continue to believe that your consent was needed. It also wasn't fraudulent because you knew about it. You just tried to be fraudulent yourself by ducking service.
  • 07-13-2018, 04:55 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    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?
  • 07-13-2018, 05:11 AM
    llworking
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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?

    The US will not honor the "annulment" of the divorce that you are doing in your country. Therefore what you are doing is foolish and wasteful. Your country does not have jurisdiction over US citizens or residents living in the US.

    I do not understand why you post here at all if you intend to ignore the information that you are given.

    You are not going to be able to force her to remain married to you, and you are not going to be able to punish her for not wanting to stay married to you by taking her children away from her either. You simply need to accept that and move on with your life.
  • 07-13-2018, 05:28 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    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

    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.
  • 07-13-2018, 06:30 AM
    readytoleave
    Re: How to Get Custody After Non-Service of a Divorce Case
    You are such a hypocrite! You want that person to support your child and pay for the things that the child needs and that you willfully fail to provide, but you refuse to acknowledge them as a prevalent person in your child's life. She is more of a parent to that child then you are, clearly.
  • 07-13-2018, 08:13 AM
    qwaspolk69
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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.
  • 07-13-2018, 08:14 AM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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
  • 07-13-2018, 10:06 AM
    llworking
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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.

    Quote:

    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.
  • 07-13-2018, 11:19 AM
    oldsmom
    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.
  • 07-13-2018, 01:29 PM
    Mtxpro123
    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.
  • 07-13-2018, 02:22 PM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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.
  • 07-13-2018, 04:00 PM
    Mtxpro123
    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.
  • 07-13-2018, 04:18 PM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    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.
  • 07-13-2018, 09:36 PM
    Mtxpro123
    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
  • 07-13-2018, 10:03 PM
    Mr. Knowitall
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    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.
  • 07-14-2018, 05:08 AM
    PMMH
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mr. Knowitall
    View Post
    Somewhere between 0% and 100%, depending upon the strength of your legal case and how well your appeal is prepared and argued.

    Considering his last post stated that he wanted full custody because of his ex wife’s spouse being a woman, I am going to lean towards the 0 side. If he rants about his ex wife stealing his sperm and saving it to inseminate herself later... he may be ordered to get a psychiatric evaluation.
  • 07-14-2018, 06:39 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    I have a good lawyer defending me on this case. Im not paying child support because custody and divorce appeal need to be finish first. I know she will try to use domestic violence against me.
  • 07-14-2018, 09:47 AM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    What are my chances of winning the divorce appeal? We have court on Tuesday for custody

    You have an appeal hearing for the divorce or you have s hearing for custody (which is what you said previously)? They are two independent actions.
  • 07-14-2018, 09:59 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    Yes. One in my country appeal divorce. In nyc custody case
  • 07-14-2018, 10:30 AM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    Yes. One in my country appeal divorce. In nyc custody case

    And they’re both next Thursday?

    sorry but you cannot appeal the divorce in your country. An appeal is a rehearing of a courts action and the only court that can hear an appeal is one within the, overall, same legal system. You may have some sort of hearing concerning the divorce in your country but it is not an appeal of the US courts decision and your country’s courts decisions have no effect on the decision made by the US court.
  • 07-14-2018, 10:38 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    No, custody is tuesday. Divorce appeal is coming up later. We married in our country and she divorced me in my country and legalized the paper in the usa. Which papers? The divorce and sole cutody, based on the divorce.
  • 07-14-2018, 10:59 AM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    No, custody is tuesday. Divorce appeal is coming up later. We married in our country and she divorced me in my country and legalized the paper in the usa. Which papers? The divorce and sole cutody, based on the divorce.


    well, that is very different than what you said previously

    Quote:

    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.
    You have a very nice day. I’m not interested in dealing with a story where the very important basic facts change as you continue to write.
  • 07-14-2018, 11:02 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    We married in our country. She divorced in our country and registered the divorce in the usa to make it valid in the usa. Im fighting this divorce in out country as it was done n fraud and therefore make it invalid here. What part dont u understand?
  • 07-14-2018, 11:14 AM
    llworking
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    We married in our country. She divorced in our country and registered the divorce in the usa to make it valid in the usa. Im fighting this divorce in out country as it was done n fraud and therefore make it invalid here. What part dont u understand?

    Your story keeps changing.
  • 07-14-2018, 11:30 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting llworking
    View Post
    Your story keeps changing.

    My story still the same. Do I need to provide proof again? In order to get proper advise.
  • 07-14-2018, 11:56 AM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    We married in our country. She divorced in our country and registered the divorce in the usa to make it valid in the usa. Im fighting this divorce in out country as it was done n fraud and therefore make it invalid here. What part dont u understand?

    How you have a divorce in your country and the US. The post I quoted doesn’t say she got the foreign divorce registered in the US. It says she obtained a divorce in the US. Two very different things
  • 07-14-2018, 12:02 PM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    Okay so sorry for the confusion. She registered the foreign divorce in the us. This is what i meant. Now im appealing that divorce to make it invalid. Once is invalid in my country is invalid in the us. Therefore, she committed bigamy
  • 07-14-2018, 12:10 PM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    Okay so sorry for the confusion. She registered the foreign divorce in the us. This is what i meant. Now im appealing that divorce to make it invalid. Once is invalid in my country is invalid in the us. Therefore, she committed bigamy

    No she would not have committed bigamy since the divorce is valid until proven otherwise. That means when she got married it was legal for her to get married. It may annul the current marriage but it in no way leads to bigamy.
  • 07-14-2018, 12:16 PM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    Great. Based on my explanation. That I was not properly served, Do I have chances of winning?
  • 07-14-2018, 12:20 PM
    PayrolGuy
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    Great. Based on my explanation. That I was not properly served, Do I have chances of winning?

    There is no way to answer that as we have no idea what country you are talking about other than it is not the US. And this site only deals with US law.
  • 07-14-2018, 12:29 PM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    The Dominican Republic. Thank you
  • 07-14-2018, 01:16 PM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    The Dominican Republic. Thank you

    You will need to speak with a lawyer educated in the laws of the Dominican Republic for any answer regarding DR law as that is what will control the issues regarding your divorce.
  • 07-14-2018, 01:37 PM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    But any advice based on my explanation?
  • 07-14-2018, 01:44 PM
    jk
    Re: How to Get Custody After Non-Service of a Divorce Case
    Quote:

    Quoting Mtxpro123
    View Post
    But any advice based on my explanation?

    About what? I know nothing about DR law so if it’s about the divorce, no, no advice


    if it’s about the younger child; from your prvious statements I see no rasonable way the child could be yours

    if about the older child; no information or really any questions regarding that issue other than you have some hearing soon. I would suggest you get over the issue about the lesbian marriage. As long as it is legal, complaining about it only makes you look bad.

    I wouldn’t make an issue about the divorce matters during the custody issue. Unless something changes, she is married and at this hearing, what might happen is irrelevant. In th end, her being married or not really is irrelevant anyway.
  • 07-15-2018, 08:46 AM
    Mtxpro123
    Re: How to Get Custody After Non-Service of a Divorce Case
    On Tuesday we have court. Shes not currently working but her spouse, who if I win the foreign divorce appeal will no longer be her spouse. Well, lets talk about the present shes not currently working therefore shes not stable to take care of our child. Is this another good cause to win custody?
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