Can a family court judge make a U.S. citizen pass on U.S. citizenship if the child is born in another country.

[Aussielad 37]

Hello, it has been a while since I have posted on here. I am asking on behalf of a friend who has an unfortunate situation. He is a United States Citizen, she is from Colombia. Their relationship did not prosper to marriage, however they had a kid together, she lives in Colombia. He lives in the U.S.

 

She is wanting $1,500 - $2,000 per month in child support plus U.S. citizenship to claim social security for the child as it was born with an incapacity. (which altogether would be $2,000-$3000 per month with child support and social security) They have not been able to come to an agreement due to what she is demanding.

 

My U.S. citizen friend believes she is taking advantage of the situation with a money grab using the child as she also receives benefits from Colombia. 

 

She has a current tourist visa and keeps threatening my friend she will come to the U.S., go to court, and ask for child support plus make the judge give the child U.S. citizenship. She also mentioned that she wants his house as well (they were never married).

 

In my honest opinion, I believe that since she is from Colombia, and the child is Colombian born, that this would be a situation for the courts of Colombia to resolve and not the U.S.

 

Can a U.S. family court judge make the father give U.S. citizenship to the child? Or his limitations are just child support according to child support tables based on his income.

 

Thank you

Edited August 7, 2023 by Aussielad

[TBoneTX 43,069]

(Member since 2004 -- wow!)

 

Has your friend consulted lawyers?  What have they said?

[Aussielad 37]

2 minutes ago, TBoneTX said:

(Member since 2004 -- wow!)

 

Has your friend consulted lawyers?  What have they said?

 

He is attempting to get hold of a family lawyer in Colombia and will start with looking for one in the U.S.

 

After my own research, I learned that a CRBA (Consulate Report of Birth Abroad) is basically the only way that citizenship can be directly passed down and that my friend as the U.S. citizen is the only one that can initiate it, not her as it requires original documents and evidence of continuous residence in the U.S. plus his signatures and would have to appear before a consulate official.

 

My friend's concern is that she is wanting to get as much money from any benefit from any place using the child's mental incapacity as the reason. I told him not to let her get into his head and run him into a corner scared. 

 

 

[Timona 3,943]

I agree. That amount she's quoting is king's life in Colombia where average rent is $150/ month. 

 

Which city does she live in Colombia? 

 

If I'm to believe what you say, he dodged a bullet with this one. 

[TBoneTX 43,069]

Many lawyers in the U.S. will give free 30-minute consultations.  Suggest that he talk to a couple of immigration attorneys (anywhere) and a couple of family attorneys (in his jurisdiction).

 

I never dealt with CRBA, but it makes sense that his papers and signatures would be needed.  The consulate might also ask for a DNA test, I'm guessing.

 

Tell your friend that talking with lawyers here will either relieve his concerns altogether or suggest definitive paths forward, so talking with some is a priority.  Colombia is irrelevant, I think.

 

Has he paid anything toward support of the mother or child already?  If not, he should not start.

[OldUser 4,834]

Assuming the birth was given in Colombia, CRBA will need to be filed, correct. And US citizen needs to cooperate for this to happen. I doubt it's possible without active participation from your friend.

 

Does the birth certificate list the friend as a father?

 

She cannot just "take his house", since they were never married.

 

 

Edited August 7, 2023 by OldUser

[Timona 3,943]

4 minutes ago, OldUser said:

She cannot just "take his house", since they were never married.

 

Even if that was possible, how's she going to live there with her tourist visa? This lady is grasping on straws.

 

Knowing Colombianas, and if push comes to shove, I would DNA that kid.

 

And how is she going to afford US lawyers with Colombian pesos? Heck, even us in US can't afford them. 

Edited August 7, 2023 by Timona

[OldUser 4,834]

5 minutes ago, Timona said:

 

Even if that was possible, how's she going to live there with her tourist visa? This lady is grasping on straws.

Agreed with you, this seems like an act of desperation. She likely just wants to force OP's friend to sell the house and split the proceeds, but doesn't have any legal grounds for that.

Edited August 7, 2023 by OldUser

[Liam2021 558]

29 minutes ago, Aussielad said:

make the judge give the child U.S. citizenship

The judge has no authorized to grant U.S citizenship. There are three legal ways to get U.S citizenship:

-Natural born.

-Born in a foreign countries with mother/father is a USC.

-Naturalization.

In this case, the father can get the CRBA for the child then bring the child to the USA for a better future. However, it will be an hassle since the mother is the legal custody of the child right now.

 

[Aussielad 37]

17 minutes ago, TBoneTX said:

Many lawyers in the U.S. will give free 30-minute consultations.  Suggest that he talk to a couple of immigration attorneys (anywhere) and a couple of family attorneys (in his jurisdiction).

 

I never dealt with CRBA, but it makes sense that his papers and signatures would be needed.  The consulate might also ask for a DNA test, I'm guessing.

 

Tell your friend that talking with lawyers here will either relieve his concerns altogether or suggest definitive paths forward, so talking with some is a priority.  Colombia is irrelevant, I think.

 

Has he paid anything toward support of the mother or child already?  If not, he should not start.

No, he has not paid anything yet. He has not done so for 2 reasons.

 

- She is asking for A LOT 

 

- He has a federal government job and it could possibly create a situation for him when it comes time to renew his security clearance trying to justify the amounts that he sent to Colombia.

 

Thank you for your reply. Unfortunately the mental health of my friend with this situation and what she is demanding is taking a toll on him. 

[Aussielad 37]

19 minutes ago, OldUser said:

Assuming the birth was given in Colombia, CRBA will need to be filed, correct. And US citizen needs to cooperate for this to happen. I doubt it's possible without active participation from your friend.

 

Does the birth certificate list the friend as a father?

 

She cannot just "take his house", since they were never married.

 

 

He never got to sign the birth certificate because he was in the U.S. at the time the child was born, so she put the child in her name. Due to his federal government job, he is not allowed to just board a plane and go to a foreign country. It is a process with forms he has to fill out.

 

Thank you for the CRBA information. He told he he is willing to give money (a fair amount) or U.S. citizenship for the child so she can make a claim for social security due to the childs unfortunate mental incapacity. He said he was not going to give both as he felt it is just a money grab on her part. (Which I agree).

 

[Aussielad 37]

6 minutes ago, Liam2021 said:

The judge has no authorized to grant U.S citizenship. There are three legal ways to get U.S citizenship:

-Natural born.

-Born in a foreign countries with mother/father is a USC.

-Naturalization.

In this case, the father can get the CRBA for the child then bring the child to the USA for a better future. However, it will be an hassle since the mother is the legal custody of the child right now.

 

Correct, and thank you for mentioning that. She said this morning that the father would not be allowed to see or interact with the kid.

 

Which is why my friend is now even less interested in filing for U.S. citizenship for the child. (Which I totally understand on his part).

[OldUser 4,834]

1 minute ago, Aussielad said:

He never got to sign the birth certificate because he was in the U.S. at the time the child was born, so she put the child in her name.

Can you elaborate on this? Usually there's two parents on birth certificate in most countries. What did she list for "father" / "parent 2" or whatever it may have been called?

[Aussielad 37]

15 minutes ago, OldUser said:

Agreed with you, this seems like an act of desperation. She likely just wants to force OP's friend to sell the house and split the proceeds, but doesn't have any legal grounds for that.

She could possibly overstay if she gets to that point of desperation. My friend is going to write to the U.S. consulate in Bogota and at least warn them of the possible situation that could happen on her part. 

[Aussielad 37]

Just now, OldUser said:

Can you elaborate on this? Usually there's two parents on birth certificate in most countries. What did she list for "father" / "parent 2" or whatever it may have been called?

What happened was the child was born in Colombia, my friend was in the U.S.

 

The government of Colombia to my understanding gives you 1 week to register the kid. If the parent is not present, then the child goes under the mother's name.  The father is not listed.

 

She asked my friend to put his name on the birth certificate through a virtual court appearance in Colombia, however she also started to ask for large amounts of money which is where the situation went south.