Fiance visa with children - permission from other parent

[onetwobomb 0]

I am sure this question has been asked in the past however I want to ask myself as everyone's situation is unique. I am in the process of getting a K-1 fiance visa for my girlfriend, who lives in Russia. I have hired an experienced immigration attorney to assist me with the process. My fiance has a 5 year old son from a previous marriage who will come with her. The son lives exclusively with her. She believes she has full custody, but I am not sure of child custody laws in Russia and neither is she. Her and the father are divorced, he has remarried already and lives in another region of Russia. The father will absolutely NOT agree to let the child leave the country. My lawyer said this will not be a problem at all, and his permission is not required. However, my fiance does not seem to be so sure, and she has heard that women in her situation need permission from the father even just to travel outside of the country with children. Has anyone else been in this situation that can share their experience?

[JFH 12,189]

Is he named on the birth certificate? Did she get an official custody order from a judge when she divorced? Such matters are always tricky and you have done the right thing in getting a lawyer involved. Is the lawyer experienced and knowledgeable about Russian custody laws? 

[onetwobomb 0]

Yes, I believe the father is named on the birth certificate. The child is not mentioned at all on the divorce certificate. I am not sure how knowledgeable my lawyer is about Russian custody laws specifically, but she seems sure that it will not be a problem. 

[debbiedoo 2,339]

how can you not know if you have full custody or not?

 

anyways, you (her) will have to PROVE LEGALLY the custody arrangement and I would certainly assume have to get parental permission if parental rights have not been relinquished. I cant imagine any country being okay with one parent taking a child out of the country to live without the other parents permission. She needs to speak to an attorney THERE who can advise on child custody laws.

[onetwobomb 0]

She is not familiar with legal matters. Her English is not that good, I tried to explain to her what "custody" meant and she didn't exactly understand. The child lives exclusively with her, and she said the father cannot just come and take the kid whenever he wants without her permission.

 

Even though the father has remarried already, he is still in love with my fiance and still feels she is his wife. There is no way possible he will agree to let the child leave the country.

Edited November 25, 2018 by onetwobomb

[Dinaand 26]

Permission from the second parent is not required to travel outside of Russia

Edited November 25, 2018 by Dinaand

[onetwobomb 0]

Thank you, Dinaand. Do you know if this applies to permanently leaving the country on a visa?

Edited November 25, 2018 by onetwobomb

[Dinaand 26]

8 minutes ago, onetwobomb said:

Спасибо, Динанд. Что вы подразумеваете под «размножением» от второго родителя? Как насчет того, чтобы покинуть страну навсегда, а не просто путешествовать?

if her ex-husband does not grant a travel ban, she will leave the country with a child without any problems. and forever? she can, through the court, make custody only for herself, but this should be done on her next visit to Russia when she can prove that the child has the best conditions in another country

[gregcrs2 1,777]

11 minutes ago, onetwobomb said:

She is not familiar with legal matters. Her English is not that good, I tried to explain to her what "custody" meant and she didn't exactly understand. The child lives exclusively with her, and she said the father cannot just come and take the kid whenever he wants without her permission.

 

Even though the father has remarried already, he is still in love with my fiance and still feels she is his wife. There is no way possible he will agree to let the child leave the country.

She needs either the father's written permission via a legal document or other legal documentation allowing her to take the child out of Russia.  In Russia, the father has very strong parental rights.  

[onetwobomb 0]

Quote

if her ex-husband does not grant a travel ban,

Can you please elaborate on this, Dinaand? I have no idea of Russian custody laws whatsoever.

 

Quote

She needs either the father's written permission via a legal document or other legal documentation allowing her to take the child out of Russia. 

What would other legal documentation be, gregcsr2?

[Dinaand 26]

5 minutes ago, gregcrs2 said:

Ей нужно либо письменное разрешение отца через юридический документ, либо другую юридическую документацию, позволяющую ей вывести ребенка из России. В России у отца очень сильные родительские права.

not. permission from the father is needed in Ukraine ... in Russia it is not required

[gregcrs2 1,777]

Just now, onetwobomb said:

Can you please elaborate on this, Dinaand? I have no idea of Russian custody laws whatsoever.

 

What would other legal documentation be, gregcsr2?

A court order allowing the child to leave the country and from my understanding it is not easily obtained.

[onetwobomb 0]

I am seeing very conflicting statements. Has anyone actually been in a situation like mine, or able to provide any links with more information?

[TM92 527]

1 minute ago, onetwobomb said:

I am seeing very conflicting statements. Has anyone actually been in a situation like mine, or able to provide any links with more information?

@Dinaand is correct, the other user is familiar with Ukrainian laws not Russian. Info from Sheremetyevo International Airport: https://www.svo.aero/en/passengers/passengers-with-children

[onetwobomb 0]

Thank you, TM92. Very good information.

 

I suppose my other concern would be, assuming my petition is granted, when my fiance has her K-1 interview at the embassy in Moscow. They aren't going to ask about this and require the father's permission?