Obtain proof of Spouse's status

[Boiler 45,939]

Not sure what any of the above has to do with the issue at hand.

[Sandra G. 5,057]

singledad you can ask for termination of parental rights. The social services just refer directly to the Court for the termination of parental right a mother that wants to place an infant for adoption or if BOTH parents were sentenced based in crimes involving the children. But you can tell the social worker that you want to execute a voluntary consent to termination of parental rights and the children services worker will evaluate and then they will explain you the whole process, but YOU MUST SEEK/HIRE A LAWYER or SOME ORGANIZATION to represent your request, the social worker CANNOT submit the papers on your behalf ,or you can ask the social worker to make a referral for legal advice to the Division of Legal Services.

Edited August 7, 2012 by sandranj

[belinda63 3,041]

What does terminating the mother's rights to the children have to do with VAWA? What does child support have to do with VAWA? And how is it your name was never on the birth certificates? You need to pay someone to find out if she ever received LPR status. You need to find someone with reliable abilities to determine if you are still married (sorry I don't 100% trust these pay $30 for records sights). If you obtain the above then you need to gather the police reports/records of abuse that happened after she received her LPR status. Since she has had no real contact with you or the children for years I doubt you have enough to VAWA. NOTE: Not paying child support is not abuse, lying to the court or social workers is not abuse, fraud is not abuse, lying on immigration paperwork is not abuse, abandoning your children into the care of social services or a responsible party is not abuse.

[LIFE'SJOURNEY 970]

How is it that you'll were married at the time of each child's birth, but the father's name was never on the B/C?

Did you attend either childs birth, did the mother declare she was single or married at the time of the children's birth?

Why is it now that you feel a need to correct the childrens B/C?

Forget all of the above questions, if your name is not listed as the father on the BC, then you cannnot attain copies.

Someone is going to have to petition the vital records to make this correction to the childrens BC, based on an order from the court system. A long process....

[SingleDad2usc 71]

I have no questions about VAWA case - my VAWA case is ready. I only have question on two mandatory papers: proof of spouse's status and children Birth Certificates. Which, of course, I can handle. I was just wondering if it seems to you that ORDER language was enough to have my name added on Birth Certificates. Decision will be clerk's; but again I just thought to run it by you.

By the way, Belinda, I appreciate your help: can you quote a statute that says: "abuse that happened after she received her LPR status". Cause all statutes I read said:

1. married to LPR/USC

2. lived with spouse (not lived with LPR) in US

3. was abused by spouse (not by LPR), or children were abused by spouse (not by LPR)

[SingleDad2usc 71]

Thanks LifeJ for addressing the issue head on! Now, what's wrong with that separate 2005 order, which I quoted in entirety?

How is it that you'll were married at the time of each child's birth, but the father's name was never on the B/C?

Did you attend either childs birth, did the mother declare she was single or married at the time of the children's birth?

Why is it now that you feel a need to correct the childrens B/C?

Forget all of the above questions, if your name is not listed as the father on the BC, then you cannnot attain copies.

Someone is going to have to petition the vital records to make this correction to the childrens BC, based on an order from the court system. A long process....

[Boiler 45,939]

So what are you going to do to obtain evidence?

[BethandBilly 86]

It sounds to me like you have me awarded sole custody, but not had her parental rights terminated. I know in some states once parental rights are taken away the absent parent no longer pays child support, I don't know if they applies to NY but its worth you looking at. Honestly though it doesn't sound like her rights were terminated.

As Boiler said, how do you plan on getting the birth certificates, it seems you have a bit of an uphill struggle.

[SingleDad2usc 71]

That was good advice: I should check if filing to terminate her now would, in fact, get her off the hook. All I know is that she's currently liable for 25% of gross, and it could be collected 5 years retroactive.

On Birth Certificates that I need to submit:

2005 Judge said: "IT IS ORDERED that Court Records show that Petitioner and Respondent were married on x/xx/2000 and continue to be married at the present time; XY and ZY are children of that marriage; birth certificates may be issued to father." This is certainly enough to receive copies. But was that enough language to have my name added? Clerk may tell me: go back and get Order of Filiation(?)

I wonder if same Judge is there; he might just add four words: "..., to add father's name". In any case: NYC Vitals take 1 day to issue copies OR 5 weeks to issue correction. I was ready to file with VSC asap in August, and may end up submitting Birth Certificates that don't carry my name, together with dozens of court and ACS papers, confirming me the father. Would it look deficient to VCS eye?

To answer LifeJ's question: YES we were married and living together, YES I was at the hospital cutting ambilical at both births - but that was not same moment Certificates were issued. And Hospital ended up taking mother's instructions for Certificates...And that's the kind of thing she would do, just like filing for Asylum and not telling me that she'd filed as a single. The moment her Approval Letter arrived, which was the day second child was born - she lost all interest in both children...She didn't want to move out, though - and that's what caused ACS to remove the children. ACS designated me responsible - but with DV issues in the house, cross-orders of protection - they didn't return the children to me until she totally moved out and completed 13 months out-patient mandate of Mental Health Division (MD1) of the Supreme Court, the deal she struck with ADA not to go to jail and to plead guilty in 2003 to Assault in Third Degree on me, and to have her case sealed in 2004. Problem: they only granted me Order of Protection for 13 months, thru the last day of her case. And after her 2006 stunt at Support Court (do you know another person in America who managed NOT to show up in-person at second appearance, and had Support case dismissed??), she has continued to threaten me and the children violently - if I do anything to cause a Federal Warrant. To be telling me that OJ Simpson got away with murder, and that the children and especially me are the only living beings in her way. In her personal posts (with her pictures, no less) she claimed to be working at a Law firm and studying to become a Judge at the International Court (The Hague, anyone?) And in different area of the personals, to have her brutal total frontal pics accompanied by stories that her last daddy is in jail, and can you handle me daddy? Not just Insanity, and not just Criminal - Criminal Insanity!

It sounds to me like you have me awarded sole custody, but not had her parental rights terminated. I know in some states once parental rights are taken away the absent parent no longer pays child support, I don't know if they applies to NY but its worth you looking at. Honestly though it doesn't sound like her rights were terminated.

As Boiler said, how do you plan on getting the birth certificates, it seems you have a bit of an uphill struggle.

[Boiler 45,939]

Is this what your Lawyer advises?

[SingleDad2usc 71]

I'll be referred to DV/Legal organization by ACS conference in about a week. So far, advice has been coming from this forum, which I greatly appreciate! 2 attorneys remotely confirmed the real bomb, that I want everyone to be made aware of: statute does not require abuse to have taken place since Abuser has become LPR!! As long as all other conditions proven:

1. Marriage entered in good faith

2. Spouses lived together in US for any amount of time

3. Marriage has not dissolved more than two yeas ago

4. Abuse has taken place in US

5. Prove that Abuser is currently LPR or USC. If I were to procure Abuser's Passport page (I don't know how!), would VSC even be checking WHEN Abuser became USC?

Of course, the "timing of abuse" statute (or non-statute) takes a lot of weight off my shoulders - as I don't want to go to therapy now. I have:

1. Abuser's Assault conviction and Orders of Protection

2. Abuser's 3 cases investigated by ACS over 60 days each, each found "indicated".

3. Pictures of children's bruises taken by ACS.

4. Disposition by Court and ACS to give me custody.

5. Many counselling letters from DV period, specifying that I wasn't mandated to participate in any - but successfully completed all.

6. Probably 100 of younger child's medical evaluations, incl. history of psych. evaluations and current psych., psychological and psycho-social.

So I may not have to bring Child Support unique total disaster (no Child Support money ever + threats by Criminally Insane Abuser); accept if my future attorney opts to construct continuity of the Abuse. The VSC does consider totality

So on two documents missing to file, so far best I have:

1. Attorney will ask VSC to verify Abuser's status.

2. Submit Birth Certificates without my name; while going Court+Vital timeconsuming route to eventually correct them

[SingleDad2usc 71]

I was trying to edit the above post, but correction showed BELOW instead - so please READ FRAMED TEXT below

I'll be referred to DV/Legal organization by ACS conference in about a week. So far, advice has been coming from this forum, which I greatly appreciate! 2 attorneys remotely confirmed the real bomb, that I want everyone to be made aware of: statute does not require abuse to have taken place since Abuser has become LPR!! As long as all other conditions proven:

1. Marriage entered in good faith

2. Spouses lived together in US for any amount of time

3. Marriage has not dissolved more than two yeas ago

4. Abuse has taken place in US

5. Prove that Abuser is currently LPR or USC. If I were to procure Abuser's Passport page (I don't know how!), would VSC even be checking WHEN Abuser became USC?

Of course, the "timing of abuse" statute (or lack of statute) takes a lot of weight off my shoulders - as I don't want to go to therapy now (I have diligently administered prescribed medicines/treatment to my son over 12,000 times; why should I currently be under psychiatric care?) I have:

1. Abuser's Assault conviction and 13-months of Orders of Protection

2. Abuser's 3 cases investigated by ACS over 60 days each, each found "indicated".

3. Pictures of children's bruises taken by ACS.

4. Disposition by Court and ACS to give me custody.

5. Many counselling letters from DV period, specifying that I wasn't mandated to participate in any - but successfully completed all.

6. Probably 100 of younger child's medical evaluations, incl. history of psych. evaluations and current psych., psychological and psycho-social.

So I may not have to bring Child Support unique total disaster (no Child Support money ever + threats by Criminally Insane Abuser); except if my future attorney opts to construct continuity of the Abuse. The VSC does assess totality of the abuse case

So on two documents missing to file, so far best I have:

1. Attorney will ask VSC to verify Abuser's status.

2. Submit Birth Certificates without my name; while going Court+Vital timeconsuming route to eventually correct them

Edited August 7, 2012 by SingleDad2usc

[Sandra G. 5,057]

wow every day you have something to add here huh? I didn't know you don't have your name on the birth certificates...oh man just with DNA test you will solve this mess,I mean to have your name on the birth certificates.In many states there is a short time of limitations for challenging paternity, and some courts require the mother to participate in a paternity test,most of the Courts they don't require the mother to participate tho. I am not sure about NY.New York State Department of Health (NYSDOH) only allows licensed physicians authorized by law to perform DNA test.

Edited August 7, 2012 by sandranj

[SingleDad2usc 71]

Sorry Sandranj, I will not do DNA. I have no intention of finding out if I'm biological Father or not. The 2005 Court Order said:

"IT IS ORDERED that Court Records show that Petitioner and Respondent were married on x/xx/2000 and continue to be married at the present time; XY and ZY are children of that marriage; birth certificates may be issued to father." Why do I need DNA?

There is only a question whether that sentence said enough to make the Vitals accept a correction, without Mother's signiture. If Vitals refuse, I'll return to same Judge and tell him: Vitals want you to add "...to add Father's name". While at it, what do you think: if he types again "...and continue to be married at present time" - will I need public divorce records as well OR NOT?

wow every day you have something to add here huh? I didn't know you don't have your name on the birth certificates...oh man just with DNA test you will solve this mess,I mean to have your name on the birth certificates.In many states there is a short time of limitations for challenging paternity, and some courts require the mother to participate in a paternity test,most of the Courts they don't require the mother to participate tho. I am not sure about NY.New York State Department of Health (NYSDOH) only allows licensed physicians authorized by law to perform DNA test.

[LIFE'SJOURNEY 970]

Because the order didn't say you are the DNA parent, it just says the children were born durning the time frame inwhich you'll were married. There is a hugh difference, you have alot to learn.

NY is justing saying that since you'll were married, you can be held respnsible for children that were born durning the time of your marriage. Did NY do a DNA ?

Edited August 7, 2012 by LIFE'SJOURNEY