Legal Question in Family Law in Ohio
Who has rights to children when the father isn't an American citizen
My boyfriend spent five years in america after what was planned to be a two week holiday. While living in america he had two twin daughters who are now five years old and live with their mother while he lives in England. The children's mother wants to get married and she has told my boyfriend he is legally required to sign over full custody to her new fiance as he is not an american citizen and has missed the last few months on his child maintenance. My friends who study law say nobody can be forced to sign over custody of their children except in the most extreme circumstances. My boyfriend loves his children and does not want to give up his rights to them... what should he do?
Hope you can help!
1 Answer from Attorneys
Re: Who has rights to children when the father isn't an American citizen
She would have to show 1 year of no contact and 1 year of no support to terminate his parental rights.
He should send her a letter by certified mail, return receipt, getting current in support and telling her that he will oppose any attempt to terminate his rights and also inform her that he wants to arrange to have the children during the summer months. If he wishes to push that last issue, he needs to get an atty in the county where paternity has been established.
Paternity has been formally established by a court order, I presume, since you mentioned an order for child support.
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