My ex-husband kidnapped my kids seven years ago. I didn’t know where they were for a long time, but fortunately I tracked them down in Switzerland. (Lucky for me I worked for an airline and didn’t have to pay for those scores of transatlantic flights!) Even though he lived in Switzerland and I lived in the US, the jurisdiction for the proceedings was in Croatia (VERY long story). I got the kids back, but it was only a "physical custody" situation. The authorities in Croatia assured us that a more permanent custody arrangement would be put into force.
Numerous enquiries and seven years later seems an adequate indication that nothing further is going to develop in that quarter.
Here is the problem: My ex is moving back to the US (so he says – he is very untrustworthy) in August. I know he is going to take to pull something again. Just what, I ‘m not certain of. He’s only going to do it.
As of right now, I don’t even know where he is, if he’s in Switzerland or anyplace else. All attempts at communcation with him have been futile; he doesn’t respond to phone, post, or email.
Is it even possible to gain custody here in the US (Pennsylvania specifically, for me) with an absentee parent? Other factors include the fact that the kids have not lived with him for five (5!) years, and over the past 5 years I’ve probably gotten a grand total of 00 worth of child support from him. (Breaking it down, that’s about a month. Sheesh.)
I filed for income taxes a little later this year, and was expecting a reasonably large sum. Well, he beat me to the punch (he’s a US citizen now, therefore he has to report on his earnings made overseas.) He CLAIMED THE KIDS AS HIS DEPENDENTS. Now, as I’ve mentioned, they have not even LIVED with him in five years, and he contributes zilch toward their upbringing. (As I said, a total of about 00 in the past five years.) As if that wasn’t enough, the Swiss government – and I’m not sure how this works – essentially pays you for having kids. All this time that he’s been getting money for MY kids, he’s been pocketing it instead of sending it along to us.
I can prove that the kids have been with me this whole time.
Do I have a shot at getting custody? Or will the courts refuse to give it to me till we somehow locate the father? I have NO idea where he is…for all I know, he is still in Switzerland, or Siberia, Greenland or Tasmania…you get the idea.
The last time he and I spoke, on the phone in December, he said that he was going to "take" the kids again if I didn’t straighten up..
Can anyone give me an inkling as to what I can expect? The last time I tried to get custody there was a royal s#!tstorm and he disappeared shortly thereafter. The problem there occurred was that I had willingly allowed him to take the kids to see his dad in Croatia. (I am dead serious — he had NEVER given me a reason to distrust him before, despite his general asininity.) When I tried to establish custody, the authorities pointed out that I had willingly let them leave the country.
But anyway. I want to know if I would be able to establish custody with him out of the picture, seeing as we don’t know his whereabouts at the mo, or would I still hit a roadblock?
Can anybody help me here?/make suggestions? My nerves are totally shot, especially since I can’t afford a top-notch laywer.
Thanks in advance for those of you who take the time to read this, and threefold thanks for those who answer it as well….