Child Born Out of Wedlock U.S

HI, I currently live in the United States with my Taiwanese girlfriend. We are not married yet but our relationship is very serious. We have had a son and he is 5 months old. He is legitimized by U.S. law. However his mother was upset about some issues concerning where we would live. She then took the child and moved out on her own. Since then we have gone to the U.S. court to decide custody.

I have been receiving many warnings from friends and family that I should be worried that she will apply for a foreign passport and take him to Taiwan if she does not like how the court case is going. They told me that if he goes to Taiwan that the country will not allow him to leave and I will have no rights since he was born out of wedlock.

Is this true? Can she obtain a passport for our 5 month old son without my consent? Since I heard these things I put him on a U.S. passport alert program. However they told me that they cannot do anything to stop him from obtaining a ROC passport. Can someone provide information on how I can ensure that I have basic rights to my son and he is not taken away from me if the mother decides she doesn’t want me to be in his life?

Cheers!

I read a story about a case in France where the Taiwanese consulate in Paris gave to a mother emergency ROC passports for her French/Taiwanese kids allowing her to fly away without the dad consent. I am a bit skeptical on the details but it seems the kids had dual nationality. The original article is here: laprovence.com/article/actua … aiwan.html

[quote=“Geoffrey Bond”]HI, I currently live in the United States with my Taiwanese girlfriend. We are not married yet but our relationship is very serious. We have had a son and he is 5 months old. He is legitimized by U.S. law. However his mother was upset about some issues concerning where we would live. She then took the child and moved out on her own. Since then we have gone to the U.S. court to decide custody.

I have been receiving many warnings from friends and family that I should be worried that she will apply for a foreign passport and take him to Taiwan if she does not like how the court case is going. They told me that if he goes to Taiwan that the country will not allow him to leave and I will have no rights since he was born out of wedlock.

Is this true? Can she obtain a passport for our 5 month old son without my consent? Since I heard these things I put him on a U.S. passport alert program. However they told me that they cannot do anything to stop him from obtaining a ROC passport. Can someone provide information on how I can ensure that I have basic rights to my son and he is not taken away from me if the mother decides she doesn’t want me to be in his life?

Cheers![/quote]

Geoffrey,

Yes, unless there is a specific court order prohibiting your girlfriend leaving the USA with your son on any passport (and electronic checking at all borders to prevent this happening), she can and may well do so. The Taiwanese Consul will provide her with a Taiwanese passport- a child does not have to be born in Taiwan for this, simply to have one Taiwanese parent. Never underestimate the will of a Taiwanese woman to take her child back to her country when she is unhappy in her current situation. Once she manages to leave the borders of the USA, you may well not see your child for many years to come. This advice is coming from someone who has, unfortunately, been through it all.

Your only long-term hope is to win custody. Without being able to specifically comment on the USA, on a worldwide basis custody is usually issued to the mother, unless there is any evidence or serious mental illness, abuse etc. So I suggest that you prepare for the worst. You probably don’t want to hear this, I can tell you that it was the last thing I wanted to hear when I was going through the same thing. And be skeptical about any BS that your lawyers may feed you.

Short term, you may consider preventative steps such a hiding a GPS tracker in your son’s pram, so you will know if she takes him anywhere near an airport. At least that will prevent her abducting him during the court process. If you lose custody in court, at least you will have more time to come to terms with the situation and say goodbye to your son properly.

Please feel free to PM me if you would like any further advice.

Read this thread about the problems of a wealthy Park avenue business person who impregnated a journalist/high priced Taiwan hooker in NY, won custody of the kid after the relationship went sour, and then had to chase them to Taiwan when she kidnapped the kid. He was unsucessful in getting his child back.

forumosa.com/taiwan/viewtop … lit=sartin

Thank you for the responses. I am so frightened by the idea of my son being kidnapped and never seeing him again. I have obtained a court order for him not to leave the state of Georgia. The GPS idea is very good. Thank you. I will be purchasing one. Also I talked to the FBI and attempting to leave the U.S. is a federal crime during a child custody settlement.

PGDaddy1 I am so sorry. Did you see your child again?

I will post more updates soon. Tonight is a busy night. If you have more advice on preventing a child from being taken from the U.S. please share. Also if you are familiar with Taiwanese law and can help explain how a foreign father can obtain his parental rights that would be very helpful.

[quote=“Geoffrey Bond”]Thank you for the responses. I am so frightened by the idea of my son being kidnapped and never seeing him again. I have obtained a court order for him not to leave the state of Georgia. The GPS idea is very good. Thank you. I will be purchasing one. Also I talked to the FBI and attempting to leave the U.S. is a federal crime during a child custody settlement.

PGDaddy1 I am so sorry. Did you see your child again?

I will post more updates soon. Tonight is a busy night. If you have more advice on preventing a child from being taken from the U.S. please share. Also if you are familiar with Taiwanese law and can help explain how a foreign father can obtain his parental rights that would be very helpful.[/quote]

Geoffrey,

The fact that abducting your child from the USA during a custody trial is a Federal Offence is unlikely to be of any help to you at all once the mother reaches Taiwan with your child. Taiwan is not even a signatory to the Hague Treaty on International Child Abduction. The Taiwanese government and judiciary would therefore not ask her to return the child to the USA, even if you have won custody. In this situation, you may be able to obtain a Taiwanese court order to have access to your child in Taiwan (i.e you would need to live there if you want to see him), but it’s simply not enforceable. Unfortunately in most cases like this, the Taiwanese mother will simply want to cut the father out of her and the child’s llfe completely.

Sadly you need to be prepared for that. As for me, well it’s a very long story which I have documented here on Forumosa. I went through it twice in two different relationships, albeit it in different circumstances. My second child was abducted by his mother from the UK to Taiwan when only two months old, she did eventually return with him, and still won custody in the UK and the right to take him back to Taiwan for good. I don’t have any contact with my first son at all, and with my second son the situation is “fluid”.

In hindsight I certainly would have done some things differently in both relationships, but we are all human. Unfortunately the mothers can make a lot of mistakes and even act pretty outrageously, and be forgiven by the courts and by Taiwanese culture at large (which is not too big on taking responsibility for the effects of one’s actions on other people). And the sad thing is, it’s the child that suffers more than anyone.

Just PM me if you need any support.

Can anyone refer a lawyer that has experience in child custody cases between Taiwanese and foreigners?