K2 Is parental consent required if absolute custody granted to me?

[Lissa S 0]

Hi,

 

We are about to start the process for K1 and K2 visas but I received new information from a friend who migrated to Singapore years ago. Her annulment was granted and full custody was given to her with visitation rights given to the biological dad. When she tried to bring her son to Singapore, she was required to get consent from the dad even if she had full custody. She had a hard time because her ex wasn't cooperative.. My annulment decree says that I have ABSOLUTE custody of my kids and my ex is given visitation rights. Will I need to secure a parental consent for my children or will that be sufficient since I was given absolute custody? I have read a lot of information on this here but what my friend told me about her experience just worries me so I want to make sure. Thanks in advance.

[SalishSea 16,904]

10 minutes ago, Lissa S said:

Hi,

 

We are about to start the process for K1 and K2 visas but I received new information from a friend who migrated to Singapore years ago. Her annulment was granted and full custody was given to her with visitation rights given to the biological dad. When she tried to bring her son to Singapore, she was required to get consent from the dad even if she had full custody. She had a hard time because her ex wasn't cooperative.. My annulment decree says that I have ABSOLUTE custody of my kids and my ex is given visitation rights. Will I need to secure a parental consent for my children or will that be sufficient since I was given absolute custody? I have read a lot of information on this here but what my friend told me about her experience just worries me so I want to make sure. Thanks in advance.

This would be a better question for your local attorney/courts.   The DOS won’t grant a visa that would violate family court documents.   Here in the US, having solo custody of a child doesn’t necessarily mean you can move them to another country, or even to another school district for that matter.

[RO_AH 1,625]

2 hours ago, Lissa S said:

My annulment decree says that I have ABSOLUTE custody of my kids and my ex is given visitation rights.

And how can you ex visit his child if you take the child out of the country? That would basically take away the right given to him in the annulment decree. I am no expert but I would think that you would need consent. If the decree said nothing about the father having any rights to the child I would think you would have a better chance without the consent. I know that if you were never married to your ex you would not need consent. Is the father listed on the birth certificate?

[Hank_ 9,173]

6 hours ago, Lissa S said:

Hi,

 

We are about to start the process for K1 and K2 visas but I received new information from a friend who migrated to Singapore years ago. Her annulment was granted and full custody was given to her with visitation rights given to the biological dad. When she tried to bring her son to Singapore, she was required to get consent from the dad even if she had full custody. She had a hard time because her ex wasn't cooperative.. My annulment decree says that I have ABSOLUTE custody of my kids and my ex is given visitation rights. Will I need to secure a parental consent for my children or will that be sufficient since I was given absolute custody? I have read a lot of information on this here but what my friend told me about her experience just worries me so I want to make sure. Thanks in advance.

Who required the consent letter when your friend brought her son to Singapore?  Was it a Singapore request?

 

With the U.S. visa process the embassy is quite aware that the mother has sole custody of the child the vast majority of the time, such as with you..  Consent letters have never been required by the embassy.

[Chancy 6,233]

11 hours ago, Lissa S said:

We are about to start the process for K1 and K2 visas but I received new information from a friend who migrated to Singapore years ago.

 

The US government sets its own rules, regardless of what rules Singapore has.  As @Hank_ said above, the US embassy does not require consent letters when the K1 mother has sole custody of her K2 children.

 

[Lissa S 0]

Thank you all for your advice. I guess to be safe I'll just get the consent from my ex. I just hope he cooperates. Wish me luck!