Legal Question in Family Law in Montana

i have a child ive never seen. he is 10. the mother took him and instead of using our legal agreement to share visitation and pay child support she stopped all contact with me. I live in Va. She is now in MT according to their Child Sipport Dept. She has back supported me for the past ten years. I dont even know where they are. Can I exercise my visitation order from WA from 10 years ago, and how can I start contact with my son in the mean time.


Asked on 1/20/12, 9:38 am

1 Answer from Attorneys

Carolyn J. Stevens CJ Stevens|Law

I'm a little fuzzy on this. The child was born before mother left, so you've never seen the child. But before the child was born, you had a parenting plan. She and the baby disappeared. So she violated the parenting plan when she left and continued for 10 years to violate it. You haven't had any contact with mother or the child in a decade. You don't know where they are. Now, after 10 years of silence, mother is seeking 10 years of unpaid child support, but she still doesn't reveal where your son is.

A big inconvenience is that Washington State retains home state jurisdiction over the child. Mother could have moved jurisdiction from WA to MT through a court action, but she would be required to serve the biological father if his rights were not terminated.

I think you'd best retain counsel and have professional help on this. You have to address at least the jurisdictional issue, the obvious child support issue, perhaps a custodial interference issue, and I'm probably overlooking at least one other issue. Call your County Bar Association and ask for a the lawyer referral service, or call your closest Legal Services Association office for a referral. Don't wait -- you need to move forward immediately so you do not get defaulted for failure to answer court documents.

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Answered on 1/25/12, 3:01 pm


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