Sole Custody

[dkolos 0]

Does anyone know how difficult is it to obtain a sole custody in Ukraine? My fiancee has a son and the biological father doesn't care, but he doesn't like his ex wife. Getting him to sign a release will most likely not be possible. I heard that getting sole custody in Ukraine is almost impossible. The baby was born just few months ago, so he had no time to neglect his son yet, but he has not seen him once. Did anyone went through something like that?

[Phil & Alla 26]

Since no one has had anything to say, I will chime in. My case was the father just did not want to consent ( he did not see the child or provide support), I even met with him and used an interpreter, but through pressure from his daughter--he signed two days before the interview. I posted my problem and many advised "cash" could be the solution and for some it worked well. I contacted attorneys in the Ukraine and for my case, as you said next to impossible, a very different standard there for sole custody and would have been very costly. I offered her ex cash for "air fair" to the USA to visit her as not to look like I was buying his signature, but he just wanted to be vindictive at the time. I looked at it 2K was cheeper than having to go back to the Ukraine and go through a long court process.

Also be aware that there are people there that say they can do the document for you, that do not have a clue as to what needs to be honest. if you are successful and need an example, contact me and i will send you the one she got. I did not have it translated because it is only used to get the child out of the country and has no value here. GOOD LUCK!!!!!!!

[jimnlena 8]

It is not the cost so much as the futility, unless he is in jail you will NOT GET sole custody!! I can relate! It has taken almost 2 years but he finally consented, thus the timeline.

Does anyone know how difficult is it to obtain a sole custody in Ukraine? My fiancee has a son and the biological father doesn't care, but he doesn't like his ex wife. Getting him to sign a release will most likely not be possible. I heard that getting sole custody in Ukraine is almost impossible. The baby was born just few months ago, so he had no time to neglect his son yet, but he has not seen him once. Did anyone went through something like that?

[spectec 12]

Does anyone know how difficult is it to obtain a sole custody in Ukraine? My fiancee has a son and the biological father doesn't care, but he doesn't like his ex wife. Getting him to sign a release will most likely not be possible. I heard that getting sole custody in Ukraine is almost impossible. The baby was born just few months ago, so he had no time to neglect his son yet, but he has not seen him once. Did anyone went through something like that?

In our case the mother in law pressured him to do the right thing. Sometimes you can buy his signature. $2K is usually considered a lot of money in Ukraine. You could have a lawyer write a letter letting him know he will be paying child support soon. This might change his mind. Good luck to you.

[spectec 12]

Since no one has had anything to say, I will chime in. My case was the father just did not want to consent ( he did not see the child or provide support), I even met with him and used an interpreter, but through pressure from his daughter--he signed two days before the interview. I posted my problem and many advised "cash" could be the solution and for some it worked well. I contacted attorneys in the Ukraine and for my case, as you said next to impossible, a very different standard there for sole custody and would have been very costly. I offered her ex cash for "air fair" to the USA to visit her as not to look like I was buying his signature, but he just wanted to be vindictive at the time. I looked at it 2K was cheeper than having to go back to the Ukraine and go through a long court process.

Also be aware that there are people there that say they can do the document for you, that do not have a clue as to what needs to be honest. if you are successful and need an example, contact me and i will send you the one she got. I did not have it translated because it is only used to get the child out of the country and has no value here. GOOD LUCK!!!!!!!

Phil didn't you need this letter translated for the AOS interview? I see it on the list of documents we are supposed to take to the interview and all documents are to be translated.

[Brad and Vika 129]

Just looking this over. I think the OP is saying sole custody, but means consent to take the child out of Ukraine. I don't speak from experience with child custody in Ukraine, but I believe you don't need sole custody. You do need fairly clear consent.

I think Gary (Gary and Alla) has written quite a bit about this. In his case, I believe the ex husband owed child support, and the support was forgiven in return for consent to remove his child permanently to reside in another country. Also an agreement not to pursue support in the future. I am not sure about cash changing hands or not. It seems to me that a court anywhere will allow consent to relocate much easier than a termination of parental rights. Sole custody without a visitation schedule is tough here too.

Edited August 16, 2012 by Brad and Vika

[dkolos 0]

Thanks everyone for replying. It is very helpful. I thought that sole custody would be easier to take care of, since her ex walk out on her while she was still pregnant but I guess I was wrong. From what she tells me he is not well financially so maybe I will offer a "gift".

[baron555 934]

Thanks everyone for replying. It is very helpful. I thought that sole custody would be easier to take care of, since her ex walk out on her while she was still pregnant but I guess I was wrong. From what she tells me he is not well financially so maybe I will offer a "gift".

Obtaining this notarized letter will be required for the child to obtain a visa and will be needed each and every time the child ever wants to leave Ukraine, until they are 16, regardless of GC or whatever else they have in hand.

This letter should be obtained BEFORE any K-1 or CR-1 documents are filed for approval. It is a complete show-stopper.

[Phil & Alla 26]

It is correct the document is needed for the interview, but as long as documents are in English, Russian or Ukrainian no translation is necessary.

[baron555 934]

It is correct the document is needed for the interview, but as long as documents are in English, Russian or Ukrainian no translation is necessary.

Again, the document is ALSO needed whenever the child wants to leave Ukraine from a visit (until they are 16) regardless of the GC or whatever US visa/document they have in hand.

The document MUST state that the father gives permission for the child to Permanently Immigrate to the US and to leave Ukraine during subsequent visits.

[spectec 12]

Again, the document is ALSO needed whenever the child wants to leave Ukraine from a visit (until they are 16) regardless of the GC or whatever US visa/document they have in hand.

The document MUST state that the father gives permission for the child to Permanently Immigrate to the US and to leave Ukraine during subsequent visits.

Our document says the father has no objection to allow the mother and son to depart Ukraine and permanently reside in the USA but it doesn't say anything about subsequent visits. Wouldn't the allowance of departing and permanent residence imply the child can return to his USA residence after a visit to Ukraine or can I expect problems if he travels there and tries to return?

[baron555 934]

Our document says the father has no objection to allow the mother and son to depart Ukraine and permanently reside in the USA but it doesn't say anything about subsequent visits. Wouldn't the allowance of departing and permanent residence imply the child can return to his USA residence after a visit to Ukraine or can I expect problems if he travels there and tries to return?

I have to defer to Gary and Alla as they are more experienced with this. Those guys are out skinny-dipping and then traveling so it may be a few days. Search back though RUB as this letter requirement has been thoroughly discussed many times before.

[dkolos 0]

I just learned that the birth certificate has not been made yet. It's only been one month since birth. My fiancee said that by law she has to give the name of the father especially since her marriage stamp is in her passport and his name is in it. I heard that when registering a child a woman doesn't have to give the fathers name. and then you don't need fathers permission to leave Ukraine. Is anyone aware of that possibility? Someone posted an email from US embassy in Kiev that stated since fathers name is not in the birth certificate no other documents are need it. This would solve so many problems. If anyone knows, please let me know.

[slim 1,514]

Gary would tell you to persuade the father to sign the paper (by whatever "Ukrainian" means are necessary - buy him some beer/heroin/whatever, forgive child support, have him "visited" by the local mafia, pay for a new girl for him, etc.) but make sure you get it done and bring it to the interview.

[Brad and Vika 129]

I just learned that the birth certificate has not been made yet. It's only been one month since birth. My fiancee said that by law she has to give the name of the father especially since her marriage stamp is in her passport and his name is in it. I heard that when registering a child a woman doesn't have to give the fathers name. and then you don't need fathers permission to leave Ukraine. Is anyone aware of that possibility? Someone posted an email from US embassy in Kiev that stated since fathers name is not in the birth certificate no other documents are need it. This would solve so many problems. If anyone knows, please let me know.

If they were married, Vika and MIL both say that his name will appear on the birth certificate, unless she has a DNA test or somehow proves he is not the father. The presumption is that the husband is the father. If they are not married, she doesn't have to put his name on the birth certificate, but he can initiate action to keep the child in Ukraine until his parentage is disproved.

Best to go ahead and get his permission. With a child that young, you might consider starting with a request only. If he says no, tell him that he will need to support his child for the next 16 years or so. That support could be officially dropped if he signs the letter. I am saying don't lead with a bribe, negotiate.