Legal guardianship

[Piebee 9]

Hi everyone,

 

My fiancé and I have filed for the K1 visa several months ago, now we're waiting.

 

Last week I suddenly needed emergency surgery that could have been fatal and I realized that my son wouldn't have anywhere to go if something would ever happen to me. I have full legal custody and his father is out of the picture.

 

My son sees my fiancé as his dad. We've been together for 8 years so he's my son's dad really, even from a distance.

 

I'd really like to make my fiancé my son's legal guardian, in case of emergencies my son will be taken care of by my fiancé, like we all want.

 

My question is, if my fiancé can be my son's legal guardian in the Netherlands, does that mean it's legal and counts in the US too?

 

Final question, will there be consequences to our K1 visa process if we do this? Since on the form we had to fill in my son's name (and he would like to take my fiancés name instead) and how many kids my fiancé has. 

 

We don't wanna jeopardize our visa process but I'd also very much like my son to be taken care of by my fiancé in case of emergencies, instead of someone who doesn't know or like.

[Boiler 47,795]

I do not see any immigration issues.

 

My first thought is what does the Father say?

 

Guardianship has nothing to do with being someones child

 

Name change is not relevant either.Declarable, might hold out on that an unnecessary complication.

Edited Monday at 11:05 PM by Boiler

[Piebee 9]

3 minutes ago, Boiler said:

I do not see any immigration issues.

 

My first thought is what does the Father say?

 

Guardianship has nothing to do with being someones child

 

Name change is not relevant either.Declarable, might hold out on that an unnecessary complication.

We are not in touch with the father. Which is why I'd like my fiancé to be the guardian so if something would happen to me my son would be with someone he knows and loves instead of a stranger.

[Boiler 47,795]

I take it that you have yet to appoint a Lawyer? That would seem to be the first step, someone who can advise you if it is possible, does not sound something that will be quick and I have no knowledge of Dutch law.

 

Does your Fiance have any sort of Status in Holland, just wondering of the practicality if he can just visit.

[JeanneAdil 7,214]

According to previous post , you are the bene 

So, u r in the Netherlands and want to know if a USC can be the father's guardian if something happens to u?

 

this is a question for a lawyer and the court system in your country

 here in the US court has to approve if we try to make a foreigner a guardian in these circumstances / the only concern the courts have here is the child's best interest

 

Best bet is to wait till the visa is granted and u r here in the US with your son and the USC becomes stepfather / no court needed

Edited Monday at 11:25 PM by JeanneAdil

[Piebee 9]

Thank you both! I'll contact a lawyer first thing tomorrow.

[Ontarkie 14,990]

You need to check the laws in your country. The US will not violate the father's rights. If something happens to you the child's father has rights( depending on your country). Being a step parent does not give your fiance any rights to your son if something happens to you. Again depends on your country and if the father's rights have been taken away. Then next in line would be the grandparents. It really is country specific on how custody laws can be so different. In the Philippines for example unwed mothers are given full and sole custody. In Canada it is next to impossible to remove parental rights. Even with sole custody the other parent still has rights. We went down the rabbit whole with my older kids. Every lawyer said the same thing. Birth country of the kids will always retain jurisdiction of the kids. Unless both parents relocate and petition the courts to the new country. Since your ex will not be moving your country will retain jurisdiction of your child. So find out what and how your country is determining the father's actual rights and go from there. 

 

 

[Fr8dog 451]

Dutch laws have an annoying habit of translating perfectly fine into English but have a somewhat (or completely) different meaning and consequences.

Make sure if you do things in one country, that you want to then use in the other, that you have it thoroughly checked out by the system (lawyers) on both side. Voogdij (dutch) does translate into guardian but also into legal custody. Do not rely on English speaking Dutch lawyers or on Dutch speaking American Lawyers. you need someone who is fully familiar with both sides.

Name changes are another thing that work completely different and yet translate very easily. Maiden name would translate into meisjesnaam, but the legal base is completely different. (Dutch law does not let you change your name after marriage. You can add your partners last name to yours in your passport but it is not a legal name change). Several laws have changed so I'm not sure how easy it is for a child to change its last name. 

[Piebee 9]

Thanks for all the info. I'll definitely reach out to lawyers. It's tricky having to deal with one country's law, let alone two! 

 

But as of the dad, he moved to a different country 6 years ago, so it's been just me and my boy. Since a few months I have full custody and we have zero contact with any friends or family in this country anymore. Which is why I wanted to set up a safe environment for my son just in case of emergencies, so he wouldn't have to be with people he doesn't know or like, but be with someone he sees as his own father instead.

 

 It's a complicated situation and I'm hoping it will all get easier once we move and get to be together as a family. But my health scare just made me worry and overthink things for my boy.

 

I'll definitely be in touch with lawyers. Thanks everyone.

[Fr8dog 451]

https://www.juridischloket.nl/

 

Should be your starting point (in case you hadn't found that one yet) assuming you are Dutch or speak Dutch fluently. Personally I would not trust the English version. Most of the government sites have many translation errors in it.

[Piebee 9]

49 minutes ago, Fr8dog said:

https://www.juridischloket.nl/

 

Should be your starting point (in case you hadn't found that one yet) assuming you are Dutch or speak Dutch fluently. Personally I would not trust the English version. Most of the government sites have many translation errors in it.

Thanks! I've reached out to them so we'll wait and see. And yes, I'm Dutch 😊

[top_secret 2,743]

We have a fairly simple power of attorney which delegates most of the responsibilities of guardianship for my stepdaughter to me, and explicitly defines exactly the wishes and directions of her mother is for any reason she was not able to care for her child.  The idea is that we do not expect to need it at all and it certainly does not offer any permanent legal guardianship but if anything unexpected were to happen it would at least give me some legal authority to independently care for and take whatever steps I needed to act in the child’s best interest until such time as a more permanent custody arrangement could be settled by the relevant courts and it clearly expresses my wife’s wishes for her daughter in such circumstances.