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[M@K 5]

 I recently moved to USA with child, filed for by my spouse. However the child's dad have been communicating with child about coming to live in the states and will be taking him when he gets here. None of us has legal custody but the child has been living with me, the mother since he was 2. If the dad comes here to live I don't have a problem for child to visit him, however I want him to return to me. What can I do to ensure that this is done ? Can I  ask custom borders to inform dad upon arrival that child must return to address to which he was admitted in the states ? 

I don't know under what condition his dad will be here but I'm concern about the environment he may be in and his upbringing so I'll rather he stays with me. Your help is appreciated.  Thanks

[Crazy Cat 39,615]

9 minutes ago, M@K said:

Can I  ask custom borders to inform dad upon arrival that child must return to address to which he was admitted in the states ? 

They will not get involved in this.  

[Roel 7,191]

IMO you need to take care of the legal custody thing. 

[Ontarkie 13,957]

~~Moved to Off topic, from IR1/CR1 P&P - As the OP is already in the US.~~

[Ontarkie 13,957]

Didn't you have papers to prove your custody to move your child to the US?

 

Also how does the father expect to be able to move to the US? 

[M@K 5]

As I said, none of us has legal custodgy to child but child has been living with me prior to been here. I don't know how he plan to live he, don't know if he's seeing anyone here. I was considering, allow child to travel without green card. That way the child would have to return as he wont be able to do anything without it. Don't know if this make sense.

[Crazy Cat 39,615]

Just now, M@K said:

As I said, none of us has legal custodgy to child but child has been living with me prior to been here. I don't know how he plan to live he, don't know if he's seeing anyone here. I was considering, allow child to travel without green card. That way the child would have to return as he wont be able to do anything without it. Don't know if this make sense.

How old is the child?

[Ontarkie 13,957]

There is no way your would have got a visa for you child if you didn't have custody. 

 

What documents did you show at your interview to allow the child to immigrate? 

Edited August 17, 2017 by Ontarkie

[M@K 5]

He's 9. No document was requested except birth certificate. Nothing else

[Ontarkie 13,957]

Where you a single mom and does Jamaica automatically give mothers custody if they are single? 

[Ontarkie 13,957]

I'm not sure how custody works in Jamaica, but you must have it in order to move with your son.

 

Regardless the US will honour what your custody is from Jamaica, you cannot change it in a US court.(think international kidnapping ).  Unless it is something like the Philippines where the father already had no rights to the child.

 

So contact an attorney in Jamaica and find out what custody you have. I want to guess it would be similar to sole custody but I don't know how it works there. I can't see a visa being issued without parental consent, court order or sole custody. They do not want to be accused of kidnapping. 

 

[N-o-l-a 7,167]

You say that none of you have legal custody, but a child who has no legal guardian is an orphan, a ward of the state.  Your child is not an orphan, so either you or the father or both of you has legal custody.  You need to figure out which and since you don't seem to know, it is probably whatever the default is in your locale (but best to double check).

[Josie333 34]

Get a court order in your home country stating Legal & Physical custody is awarded to you. U.S. courts uphold these orders. Otherwise if there's no court order in the U.S. both have equal parental rights to the child no matter how long the other parent has been absent. 

 

Another option is filling for custody in the U.S. However, you run the risk of beeing awarded shared custody and/or have limits on traveling with the child. 

 

Having no court order gives either parent the same rights. Either parent can take the child without the other's permission. An absent parent is not always viewed as a "negligient" parent. It can mean the absent parent didn't have access to the child. 

Edited August 19, 2017 by Josie333