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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21883
Experience:  General practice of law with emphasis in family law.
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If a father in S. C. is willing to give up his rights to his

Customer Question

If a father in S. C. is willing to give up his rights to his 4 y/o son, the mother is in a relationship (common-law) with a Canadian citizen (she's American) and planning to move to Canada (she has a newborn with this boyfriend and he is sponsoring her at the end of 1 year together), how likely is a judge to allow this new "common-law" husband to take up support for her 1st child? He can not live/work in the US legally at this point. He is here with her now for the birth (child was born 2 weeks ago), but must be back at the border to Canada by the 12th of this month or face being banned from the US. At some point and time he has gotten a "red flag" on his passport at the US border. They all but torture him whenever he tries to come into the US. This is actually a question for Family Law in SC, USA.  I tried to change my category, but was unsuccessful.

Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Samuel-II :

Hi

Samuel-II :

It is rare that a Court will simply allow one parent to give up their rights to a child - as that means that parent would no longer have financial responsibility to the child. And so for that to happen, there would have to be an adoption process which shows that the adoptive parent is then going to be financially responsible for the child

Samuel-II :

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Expert:  Samuel II replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

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Expert:  Samuel II replied 1 year ago.
Hi

Please let me know, if you cannot see my answers in the Chat forum and I will replace it here

Otherwise, If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck
Customer: replied 1 year ago.

What can happen to her if she chooses to take the 4 year old to Canada with her without the consent of his father? He is majorly in arrears in child support. However, he is now paying to avoid going back to jail. The divorce paper state that he is to have supervised visitation once a week.

Expert:  Samuel II replied 1 year ago.
Hi

Well, she needs a passport for the child and she will not be able to get that without the consent of the Father

And if she were able to get the child across the border without the Father's consent, she would be held in contempt, the Father could file to have temporary custody of the child and she would have to return to SC with the child

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

Customer: replied 1 year ago.

How likely is it that they would reward him with temporary custody if he is nearly $5000 in arrears and is only ordered to pay $50 per week? He has also been in jail 8 times. Only 2 of these 8 are related to child support.

Expert:  Samuel II replied 1 year ago.
Hi

Back child support has nothng to do with whether someone should have custody or visitation.

However, if he has a bad criminal record that is certainly something that would be evaluated and could possible work against him in having the temporary custody awarded

You see, I cannot determine what the court will do - I can only provide information as to what is possible - hopefully, that give you the ability to make a more education decison


If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck


Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21883
Experience: General practice of law with emphasis in family law.
Samuel II and 3 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

What if the child has a passport?

Expert:  Samuel II replied 1 year ago.
Hi

Then it is as I stated, the father may file to have temporary custody. It does not mean, however, that the court would grant it - as we discussed


If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck


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