Help regarding Children

[esmurillo 2]

Hello everyone,

We have an issue with my Fiancee's children. So she has 2 kids, and the father of the kids refuses to go with her to get the passaports for them. He vows that she will not take the children from him.

Ok, I know a father has rights, I understand that but this guy is a deadbeat dad... He NEVER gives her money to help with the raising of the children and he RARELY sees his kids. He was going to keep them while they were out of school for the summer but after a week he sent them back to their mother. And not only that but 90% of the time he left his kids with his mom (their grandmother). This is just to give you guys an idea of what type of "father" he is.

So anyways, we were going to file for their K2 visas with the children to follow because flights are very extensive and she was going to work so we can save money to bring them.

Is there a way around the whole the father has to approve the passport thing? I don't think I can ask her to leave her kids for good, being a father myself, I would never leave my kids behind forever.

Any info helps... Thank you

[Ana88 6]

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Edited October 18, 2014 by Ana88

[Ana88 6]

Hi,

Does he have legal right to these children, not sure how it works in her country but in mine if a father was not married to mother or didn't apply to court for legal guardianship he has nothing. So you need to find out his rights in her country.

Also again you need to see about her country but here you can go to courts to get passport consent. Again find out in her country but here when I looked into what I needed to do for my son, I would have to either get a notarized letter from lawyer signed by father to say I can take my son or take him to court and get the court to sign my son to me by proving it would be a better life for my son. The children's best interests always comes first so you need to prove that. I have sole custody but he did take me to court for gaurdianship , but lucky for me but unfortunate for my son his father didn't care so agreed.

A very important note to consider, please seek legal advice. If it does go to court he could use the fact she was going to leave them and bring them later against her as abandonment and fight for full custody. I am not saying this is what she is doing but a lawyer/ ahole will turn it against her. Seek legal advice asap in her country as if he has any legal rights and you have no permission you will not be granted k2s. From what you have said about him it shouldn't be hard to prove they would be better with her and leaving but will cost and take time.

[esmurillo 2]

Thank you Ana88. I will have her seek legal advice from a lawyer.

[Ana88 6]

Thank you Ana88. I will have her seek legal advice from a lawyer.

Your welcome, I hope you get the help and answers you need. Will have my fingers crossed for you. Best of luck

[NigeriaorBust 4,087]

Most country respect the fathers claim to a child over the mother ( carrying on the family name/land) so you are probably facing an uphill battle. If you are dealing with this you will have to have a court sever his rights as a father or he will have to grant permission for the children to leave. Many countries won't issue a passport without this and airlines are supposed to check for permission before allowing children to leave ( they don't always ) If you just buy tickets and leave with the children you are both open to charges of kidnapping and that will lead to your wife being deported and banned. File for the K2's but they are only available for a year after she arrives.