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

[EM_Vandaveer 2,370]

10 hours ago, African Zealot said:

Let’s stay away from such stereotypes and judge each individual on the content of their personal characters.

 

🙏🏾🙏🏾🙏🏾

 

With that said, the extortionist is not completely out of luck. If he’s on the child's birth certificate, matters could be a bit complicated particularly because she has a visa and mobility to come and test US courts.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2

 

In general, absent other evidence, USCIS considers a child’s birth certificate as recorded by a proper authority as sufficient evidence to determine a child’s genetic or gestational relationship to the parent (or parents). The child’s parent (or parents) who is included in the birth certificate is generally presumed to have legal custody of the child absent other evidence

 

 

1. Child of U.S. Citizen Father

General Requirements for Fathers of Children Born Out of Wedlock

The general requirements for acquisition of citizenship at birth^[21] for a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where:

• A blood relationship between the child and the father is established by clear and convincing evidence;

• The child’s father was a U.S. citizen at the time of the child’s birth;

• The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and

• One of the following criteria is met before the child reaches 18 years of age:

  • The child is legitimated under the law of his or her residence or domicile;

  • The father acknowledges in writing and under oath the paternity of the child; or

  • The paternity of the child is established by adjudication of a competent court.

If he never agrees in writing to financially support the child then the mother can't get US citizenship for the child. Also, he's not on the birth certificate.

[MCOBAQ 26]

Non-immigration and non-family lawyer here. As others have said, and based on the facts we have, the child is not a USC and cannot become one unless your friend is willing to execute the proper papers and stand before a consular officer. No family court judge can confer US citizenship or even compel your friend to jump through those hoops. Likewise, the child would not be entitled to US social security or Medicaid benefits. 
Since your friend and Colombiana were never married, she has no claim to his house. Depending on what state he’s in, he may also have homestead protections which would prevent anyone (even a family court judge) from giving the house to Colombiana. 
Your friend may well owe child support, and there are international laws in place whereby a US family court could enforce the child support orders of a Colombiana court - if Colombiana ever got such an order. I doubt a Colombian court is going to award her the king’s ransom (appropriate word for what she’s trying to do here) that she’s asking for. 
Most importantly, and especially so in light of your friend’s government job, he needs to see a couple of lawyers (immigration and family). This will give him some good information, when knowledge is power. It should also give him some confidence and peace of mind.  I wish him good luck. 

[Demise 1,096]

19 minutes ago, MCOBAQ said:

Non-immigration and non-family lawyer here. As others have said, and based on the facts we have, the child is not a USC and cannot become one unless your friend is willing to execute the proper papers and stand before a consular officer. No family court judge can confer US citizenship or even compel your friend to jump through those hoops. Likewise, the child would not be entitled to US social security or Medicaid benefits. 
Since your friend and Colombiana were never married, she has no claim to his house. Depending on what state he’s in, he may also have homestead protections which would prevent anyone (even a family court judge) from giving the house to Colombiana. 
Your friend may well owe child support, and there are international laws in place whereby a US family court could enforce the child support orders of a Colombiana court - if Colombiana ever got such an order. I doubt a Colombian court is going to award her the king’s ransom (appropriate word for what she’s trying to do here) that she’s asking for. 
Most importantly, and especially so in light of your friend’s government job, he needs to see a couple of lawyers (immigration and family). This will give him some good information, when knowledge is power. It should also give him some confidence and peace of mind.  I wish him good luck. 

The only thing missing for the kid to become a US Citizen is some kind of acknowledgement of paternity and the father voluntarily agreeing to financially support the kid (whether he actually does or not). Getting a CRBA makes everything easier but isn't a must and there's other ways to get documentary proof (apply for a US passport or file N-600) but the support requirement can't be bypassed (aside death) or coerced.

 

Still, Colombia isn't the right venue for child support here. US doesn't have reciprocity with it and a court in Colombia has no personal jurisdiction over a US Citizen living in US. Similarly a court in Georgia would lack personal jurisdiction over the father unless he has significant ties to Georgia, so only court that could order child support would be one in the state where he lives. The others could really only resolve the matters of custody and that's about that.

 

Then finally, if there is a dispute regarding custody matters that's a whole another can of worms that would need a good international family lawyer.

 

So it all really depends on what OP's friend wants. Does he want the kid? If not then do nothing. If yes then wait until he gets sued in a US court and counter-sue for custody. He could likely also sue in Colombia but I feel like courts there probably wouldn't be too keen on giving the kid to a foreigner.

Edited August 8, 2023 by Demise

[Boiler 43,463]

There is no suggestion he wants the kid. The Mother seems to see the child as an a ATM. Poor child.

 

In my mind the only place currently that has jurisdiction for Child Support is Colombia, the next issue would be enforcing any judgement but that is another issue.

 

If she and the child somehow get into the US on any basis then all bets are off.

 

 

 

[Ontarkie 13,918]

Many of us have been on VJ long enough to have seen that just because a child looks like the father does not mean he was the father.

 

I'm sorry but as your friend was in a brief relationship with someone he barely knew. He cannot be for certain he is the father. She could have been pregnant when she came here, or met someone else and had a fling with or even planned this all out. It would not be the first time and it will not be the last time. 

 

He does not need to travel anywhere or have her and her child come to the US. Get the DNA test ordered at a trust worthy clinic in Colombia and his done stateside. Once he knows for certain then he can make plans on what to do. 

 

Or he can wait to see what she does next.  Regardless that DNA needs to be done. 

 

Adding SSI will need your friends income and if he makes too much they will not qualify. She also cannot get SSI and live outside the US with the child. Seems like the plan is to use the child to stay state side. 

Edited August 8, 2023 by Ontarkie

[Aussielad 37]

On 8/7/2023 at 6:07 PM, manyfudge said:

@Aussielad, was this child born while they were married?

 

If so, it is true that without his co-operation, CRBA would be impossible to get.

 

However, the child can file for a U.S. passport at any time once they are not a minor (I suppose the mother would be acting on his behalf) if he is a child of a marriage between a USC and a nonUSC as if the USC has lived the requisite amount of time in the US.

 

On 8/7/2023 at 6:09 PM, belinda63 said:

I would just ignore her unless some official court documents show up. Sounds more like she is looking for big money and a free life in the US than caring about the child.

 

On 8/7/2023 at 6:37 PM, Timona said:

 

Cases take years to resolve. She going to be staying on B-2? 😂 Even if adjudicated, judge would appropriate it to living standards in Colombia. 

 

I know Colombia. Travel there frequently. 

 

How did she know the kid was going to be born with impediment? Did she do drugs? Smoke?

 

I've never understood how Colombians and Venezuelans are always broke but buy designer bags, numerous plastic surgery and have $$ to go to Spain. I know a bunch who ask me for $$ for food (little $$ here and there), then come to find out, they're flying to Chile or Spain. I'm like 🤔😳

How did she know? Because of her age (43), the doctor had told her and with the varios sonograms that the child had a very high percentage of being born with a condition. She had mentioned this on the phone to my friend, which is why he asked to get an abortion and not bring the child into the world with conditions that would not give it a quality of life. She does not smoke or drink to our knowledge.

 

 

[Aussielad 37]

On 8/7/2023 at 6:42 PM, African Zealot said:

Let’s stay away from such stereotypes and judge each individual on the content of their personal characters.

 

🙏🏾🙏🏾🙏🏾

 

With that said, the extortionist is not completely out of luck. If he’s on the child's birth certificate, matters could be a bit complicated particularly because she has a visa and mobility to come and test US courts.

 

https://www.uscis.gov/policy-manual/volume-12-part-h-chapter-2

 

In general, absent other evidence, USCIS considers a child’s birth certificate as recorded by a proper authority as sufficient evidence to determine a child’s genetic or gestational relationship to the parent (or parents). The child’s parent (or parents) who is included in the birth certificate is generally presumed to have legal custody of the child absent other evidence

 

 

1. Child of U.S. Citizen Father

General Requirements for Fathers of Children Born Out of Wedlock

The general requirements for acquisition of citizenship at birth^[21] for a child born in wedlock also apply to a child born out of wedlock outside of the United States (or one of its outlying possessions) who claims citizenship through a U.S. citizen father. Specifically, the provisions apply in cases where:

• A blood relationship between the child and the father is established by clear and convincing evidence;

• The child’s father was a U.S. citizen at the time of the child’s birth;

• The child’s father (unless deceased) has agreed in writing to provide financial support for the child until the child reaches 18 years of age; and

• One of the following criteria is met before the child reaches 18 years of age:

  • The child is legitimated under the law of his or her residence or domicile;

  • The father acknowledges in writing and under oath the paternity of the child; or

  • The paternity of the child is established by adjudication of a competent court.

He is not on the birth certificate, and being established by adjudication of a competent court has yet to happen. Up until now, this looks like it would be a case for Colombia as the child and mother are both Colombian and my friend has not applied for the CRBA at the U.S. consulate and will not do so either.

[Aussielad 37]

On 8/7/2023 at 6:07 PM, manyfudge said:

@Aussielad, was this child born while they were married?

 

If so, it is true that without his co-operation, CRBA would be impossible to get.

 

However, the child can file for a U.S. passport at any time once they are not a minor (I suppose the mother would be acting on his behalf) if he is a child of a marriage between a USC and a nonUSC as if the USC has lived the requisite amount of time in the US.

For that to happen, the child would need my friends original naturalization certificate/passport. And unfortunately since the child has severe Down Syndrome, I do not see that happening. Knowing my friend, he would never give documents like that to the mother even after the child is no longer a minor.

[Aussielad 37]

On 8/7/2023 at 7:43 PM, Boiler said:

He seems to accept the child is his.

 

She is going to Georgia and leaving the child behind? Unless he lives in Georgia not sure what the Georgia courts have to do with it.

 

Above my paygrade but Colombia should be the location for deciding this.

 

I wonder if she and the child moved to Georgia what time she would need to live there to claim residency for this?

She is wanting to go to Georgia with the child, stay with a cousin of hers there that lives in Georgia, and attempt to claim residency for that purpose. I believe to claim state residency is a few months, not too sure. She believes that by claiming residency in Georgia, that the state of Georgia will be able to help her.

 

But I agree with you, Colombia looks like the more appropriate place for this to be resolved. 

[Timona 3,943]

Seems like the mother and alleadged father aren't seeing eye to eye. Something happened somewhere. 🤔 

 

Was this just a fling that resulted in "pregnancy?"

But of luck. I ran out of popcorn 🍿. 

[Aussielad 37]

9 hours ago, Boiler said:

There is no suggestion he wants the kid. The Mother seems to see the child as an a ATM. Poor child.

 

In my mind the only place currently that has jurisdiction for Child Support is Colombia, the next issue would be enforcing any judgement but that is another issue.

 

If she and the child somehow get into the US on any basis then all bets are off.

 

 

 

And that is a high possibility that she does go to the U.S. on her tourist visa with the kid and does something like that.

[Aussielad 37]

9 hours ago, Demise said:

The only thing missing for the kid to become a US Citizen is some kind of acknowledgement of paternity and the father voluntarily agreeing to financially support the kid (whether he actually does or not). Getting a CRBA makes everything easier but isn't a must and there's other ways to get documentary proof (apply for a US passport or file N-600) but the support requirement can't be bypassed (aside death) or coerced.

 

Still, Colombia isn't the right venue for child support here. US doesn't have reciprocity with it and a court in Colombia has no personal jurisdiction over a US Citizen living in US. Similarly a court in Georgia would lack personal jurisdiction over the father unless he has significant ties to Georgia, so only court that could order child support would be one in the state where he lives. The others could really only resolve the matters of custody and that's about that.

 

Then finally, if there is a dispute regarding custody matters that's a whole another can of worms that would need a good international family lawyer.

 

So it all really depends on what OP's friend wants. Does he want the kid? If not then do nothing. If yes then wait until he gets sued in a US court and counter-sue for custody. He could likely also sue in Colombia but I feel like courts there probably wouldn't be too keen on giving the kid to a foreigner.

Correct up until a point. CRBA is not as easy as it seems due to the fact that his original proof of U.S. citizenship is required, plus both parents would have to appear before a consulate official. Also remember that she would also need his proof that he has had 5 years of continual U.S. residency through taxes, transcripts, etc, etc, which she does not have access too. 

[Aussielad 37]

6 minutes ago, Timona said:

Seems like the mother and alleadged father aren't seeing eye to eye. Something happened somewhere. 🤔 

 

Was this just a fling that resulted in "pregnancy?"

But of luck. I ran out of popcorn 🍿. 

That is what happened. a fling that went the other direction. He was told he could not have kids, and she was 40+ years old when she got pregnant. It was a shock for them both. 

[TBoneTX 43,069]

50 minutes ago, Aussielad said:

He was told he could not have kids

This is why a DNA test would be important.  But I think that he should let her "stew" without giving her the slightest ammunition.

[Boiler 43,463]

55 minutes ago, Aussielad said:

She is wanting to go to Georgia with the child, stay with a cousin of hers there that lives in Georgia, and attempt to claim residency for that purpose. I believe to claim state residency is a few months, not too sure. She believes that by claiming residency in Georgia, that the state of Georgia will be able to help her.

 

Does the child have a visa?

 

If the child and her are resident in Georgia then the Georgia courts will no doubt be involved.