Fiance's child

[travlnmannn 0]

I'm just doing some mental preperation. My wonderful Galina has a wonderful son. She has full custody but I'm wondering how that will work when she gets her Visa. Does she need documentation that the father should sign that it's ok for her son to leave the country. Any help on this from experience would help ease my mind a little bit.

[Mark Collard 0]

im new to all this myself, but im sure age would play a factor

[aussiewench 9]

If they are minor children, from what I understand, your fiance will need to show that she has full custody and permission from the father. I found a thread in the archives from a little while ago where it was discussed....you may get some answers on reading it.

http://www.visajourney.com/forums2/index.php?showtopic=72112&hl=

[tmma 467]

In my humble experience--Aussiewench is right.

Your fiancee has to prove she has full custody and permission of the biological father-however; every circumstance is different and her BEST course of action ( in my opinion) is to get legal advice there in Russia; and for you to research the requirements for her son to enter the USA with her.

I always think in these circumstances, it's best to get advice from professionals. But that's just me.

Best wishes and regards

Michele

[goldie 0]

In my humble experience--Aussiewench is right.

Your fiancee has to prove she has full custody and permission of the biological father-however; every circumstance is different and her BEST course of action ( in my opinion) is to get legal advice there in Russia; and for you to research the requirements for her son to enter the USA with her.

I always think in these circumstances, it's best to get advice from professionals. But that's just me.

Best wishes and regards

Michele

http://help.customs.gov/cgi-bin/customs.cf...li=&p_topview=1

check this site, idid alot of research, here in switzerland,where the law says i can go wherever i want with the kid, if i got full custody.

if u can open this link, u can read on the U.s.protection and border site, that, if u got full custody on ur kid, u can as well enter usa without problems, as long u can proove it to them.

for me, that sounds clear.

if u cant open the site, i will copie u the text.

good luck

[tmma 467]

Goldie-

That link quotes

"Adults traveling in or out of the U.S. with children under the age of 18 should be aware of the following: because of increasing incidents of child abductions in disputed custody cases and as possible victims of child pornography, Customs and Border Protection strongly recommends that unless the child is accompanied by both parents, the adult have a note from the child's other parent (or, in the case of a child traveling with grandparents, uncles or aunts, sisters or brothers, or friends, a note signed by both parents) stating "I acknowledge that my wife/husband/etc. is traveling out of the country with my son/daughter. He/She/They has my permission to do so."

And that is just TRAVELLING in and out of the States...It says NOTHING about immigrating.......

PLUS there MAY be Russian laws that she may need to follow also-that site you quoted, stated only the USA requirements-the child is still a citizen of Russia and subject to their laws......

I may be paranoid, but in the cases of children, I for one am all for 1st protecting custododial rights-it's so easy to make a mistake ( and not realize) and cause a bigger ( more expensive and more upsetting) problem later on.......

Just my opinion.......

regards

Michele

Edited March 19, 2006 by tmma

[gym 0]

I am in the same situation in the UK. I emailed the embassy telling them that i didnt know where my sons father was , we havent seen him in years, we were never married and we have never gone to court over the custody of my son, his father has never been interested in him. Anyway the embassy emailed me back saying that i did NOT need his fathers permission written or otherwise. But that is here in the UK, not sure about other countries, i also called a lawyer who told me the same thing, so its probably worth a call to a lawyer there just to be sure.

[MarkTexas 3]

I am in the same situation in the UK. I emailed the embassy telling them that i didnt know where my sons father was , we havent seen him in years, we were never married and we have never gone to court over the custody of my son, his father has never been interested in him. Anyway the embassy emailed me back saying that i did NOT need his fathers permission written or otherwise. But that is here in the UK, not sure about other countries, i also called a lawyer who told me the same thing, so its probably worth a call to a lawyer there just to be sure.

Every country has their “OWN” rules, about the “hows, what’s & where’s”

The best thing to do is indeed to go see a local lawyer!

Regards

Mark

[Cristy 4]

I was told by Vancouver that full custody was enough. The snag came in where my judgment says 'reasonable access' for the father.

If the other parent has access to the child even obtaining a passport is a huge issue.

In my case I have to apply to the court to have this removed as he abandoned the children 10 yrs ago.

I would check with your consulate and with the passport issuer. I could get no info from any lawyer here. I had to call family court. That might be your best bet.

Due to parental abductions things get sticky.

Edited March 20, 2006 by cristy

[tmma 467]

Christy....Your EX literally "gave up" his rights 10 years ago-but you still approached it through the courts-thus PROTECTING your custody and preventing possible problems later on...... That's all I am saying the OP's finacee should do.....I mean even if the biological father is a J$RK-if he is granted " reasonable access" in the divorce-he still has rights ( in some cases, that's unfortunate, but never the less, it's the law).

All the best

Michele

[GaryC 7]

Oh boy! This just started a whole new way for me to worry! Luz was granted full custody of her now 15 year old son but her ex did not cooperate in any way with the annullment. Her ex hasn't seen Robin since he was 9 months old and hasn't tried but I am sure if he was asked to sign a permmitions paper for him to leave the country he would refuse just to spite Luz. Does anyone have experince with this sort of thing? Her son does have a passport.

[tmma 467]

Gary-

-I would think she would have a compelling case in favor of her bringing her son with her ( and the fact he is 15 helps)-the main thing is to do it the right way according to the laws of the country she and her son are a citizens of-the very best course of action would be to seek local professional legal help in determining the correct papers to file there........that's the only point I am making......

Custody of children is nothing to play " fast and loose" with-especially when there are EX's involved and the fact that there are plans of immigrating make it more complex.

Don't worry----Just dot all the i's and cross off all the t's....Protect the custodial rights that are already in place and build the case to obtain the rights you need.....

best of luck

regards

Michele

PS I am no lawyer-just a graduate of "been there -done that" .

[GaryC 7]

Gary-

-I would think she would have a compelling case in favor of her bringing her son with her ( and the fact he is 15 helps)-the main thing is to do it the right way according to the laws of the country she and her son are a citizens of-the very best course of action would be to seek local professional legal help in determining the correct papers to file there........that's the only point I am making......

Custody of children is nothing to play " fast and loose" with-especially when there are EX's involved and the fact that there are plans of immigrating make it more complex.

Don't worry----Just dot all the i's and cross off all the t's....Protect the custodial rights that are already in place and build the case to obtain the rights you need.....

best of luck

regards

Michele

PS I am no lawyer-just a graduate of "been there -done that" .

I just talked to Luz. According to Philippine law she has total control over her son. She also told me her son's birth cert didn't get filed until after they broke up. SHE DIDN'T PUT HER EX'S NAME ON IT!! hehe Sly little babe I have there! One less worry!!!

[Cristy 4]

Gary-

-I would think she would have a compelling case in favor of her bringing her son with her ( and the fact he is 15 helps)-the main thing is to do it the right way according to the laws of the country she and her son are a citizens of-the very best course of action would be to seek local professional legal help in determining the correct papers to file there........that's the only point I am making......

Custody of children is nothing to play " fast and loose" with-especially when there are EX's involved and the fact that there are plans of immigrating make it more complex.

Don't worry----Just dot all the i's and cross off all the t's....Protect the custodial rights that are already in place and build the case to obtain the rights you need.....

best of luck

regards

Michele

PS I am no lawyer-just a graduate of "been there -done that" .

I just talked to Luz. According to Philippine law she has total control over her son. She also told me her son's birth cert didn't get filed until after they broke up. SHE DIDN'T PUT HER EX'S NAME ON IT!! hehe Sly little babe I have there! One less worry!!!

That was a really important move. It sucks when you are dealing with deadbeat parents and still under the law they have rights.

I was so angry when I found that even though he had not been around in 10 yrs he could still effect my decisions for the kids! GRR!!!

The lawyers would do nothing because I have no clue where he is and they have nobody to serve. Family court has proven to be the greatest resource.

I know not all of the 'other' parents are deadbeats, this is just my own experience.