Please Help 4 Hawaii Child Custody

[A73K74]

HI

I am wanting some advice for what I can do. My son lives with his father in Hawaii and I am allowed scheduled visitations with him which are wonderful as I did go 2years without seeing my son (due to his father hiding him from me) so I am greatful for what I have now instead of nothing at all. My son is nearly 9 an EVERY visit he has with us he begs me not to go back an he wants to stay with myself an his new stepfather an half sister. I am at a lost at what to do as my exhusband has told the child that it will never happen. I am trying to work with his father but it doesnt always work. Is there any way that I can have my son with myself as he continously asks for this. I dont have the money to be flying an accomodation to Hawaii or even an attorney. Could anyone give me advice for my son. Thanks

[xena]

HI

I am wanting some advice for what I can do. My son lives with his father in Hawaii and I am allowed scheduled visitations with him which are wonderful as I did go 2years without seeing my son (due to his father hiding him from me) so I am greatful for what I have now instead of nothing at all. My son is nearly 9 an EVERY visit he has with us he begs me not to go back an he wants to stay with myself an his new stepfather an half sister. I am at a lost at what to do as my exhusband has told the child that it will never happen. I am trying to work with his father but it doesnt always work. Is there any way that I can have my son with myself as he continously asks for this. I dont have the money to be flying an accomodation to Hawaii or even an attorney. Could anyone give me advice for my son. Thanks

Before being able to give any advice it would be helpful to know when and how your ex was awarded custody. Also is the custody and visitation by court order?
xena

[A73K74]

Reply to Please Help 4 Hawaii Child Custody

Hi Xena

Thanks for replying back.

It is a very complicated way to explain but here goes...My ex has custody of our son cause when we broke up my ex used against me if I didn't do things the way he wanted he would get me deported(im an australian) as niave as I was at the time i truely believed what he said was possible an didnt want to be that far away from my son so I gave into his request. At the time we were both living in VA where the court order for visitation was granted. I moved away due to the constant fighting and him having his new gf(now wife) move into our home which I believed was unhealthy for my child to be subject to. Not long after moving away was when his father hid him from me an that after 2years of looking I was able to find him again. I have now had to prove to the courts that I want to be a part of my sons life. I have done everything they have requested me to do even paying child support even though I do not work. At our last court hearing in VA the judge said that the case was to be transferred to Hawaii as that is where the child now lives as his father is military but in the mean time his father has not transferred the case so from what I have been told off an Hawaii attorney means that the case is in limbo until it is transferred there. If you have any other ? please feel to ask as I really would apprecaite any help that you or anyone else is willing to offer.

Thanks

[elklaw]

If the case is still in VA, challenge the jurisdiction and then ask for modification of custody for the child to come live with you and y our family and for the father to receive visitation. Cite that you were under duress when the current custody agreement was entered into, as the father was holding an immigration matter over your head and now you are remarried with another child, that issue no longer exists to hold over your head and blackmail you.
I suggest going for it, be it in VA, or in Hawaii. You have a home and family to offer the child now, so do not have to be blackmailed.