ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Child Custody

USA immigration, green card questions:
Employment based Green Cards | H-1B visas | Family based Visas | Citizenship

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Locked
puzzled
Newly Registered
Posts: 2
Joined: Tue Aug 14, 2007 11:42 pm

Child Custody

Post by puzzled » Tue Aug 14, 2007 11:47 pm

I'm divorced. Custody was never formalized in court. One of my children lives with me and one with my ex. What is the postion regarding taking my child to the US? Do I have to get permission from my ex? Has anyone out there been through the process? I'm on an employer sponsored visa. Thank you
Top
JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: Child Custody

Post by JAJ » Wed Aug 15, 2007 4:01 am

puzzled wrote:I'm divorced. Custody was never formalized in court. One of my children lives with me and one with my ex. What is the postion regarding taking my child to the US? Do I have to get permission from my ex? Has anyone out there been through the process? I'm on an employer sponsored visa. Thank you
You probably need permission or a court order. Get legal advice from a competent family law solicitor.
Top
User avatar
Administrator
Diamond Member
Posts: 1188
Joined: Fri Sep 14, 2001 2:01 am
Mood:
Contact:
Contact Administrator
United Kingdom

Post by Administrator » Mon Aug 20, 2007 12:42 am

.

The country you are coming from will be important.

Nationality of each individual involved is also important.

In most countries, if you do not have some formalized permission to take the child with you, then you are potentially open to charges of kidnapping/abduction.

Depending on the country you took the child from &/or the country the child is a citizen of, the U.S. tends to extradite people back to the country such an alleged offense occurred in (or where a lawsuit is initiated) to let the courts in that country settle the question.

Unless you (or perhaps the guardian or the child) are a U.S. citizen, in which case it might be possible to make a case to have any conflict resolved under U.S. jurisdiction.

You need very professional, international legal assistance. You might get some good pointers & ideas here, but it is unlikely that anyone here can provide competent legal advice for such a situation.

Bottom line: you (almost certainly) need formal custody &/or very formalized permission from the guardian who does have formal custody.

the Admin
Top
dadshaverightstoo
Newly Registered
Posts: 1
Joined: Thu Mar 10, 2011 3:39 am

Post by dadshaverightstoo » Wed Mar 16, 2011 10:36 am

It's seems like a hard thing on your part to make one of your child out of the country but I think the government society have the answer for this matter. I suggest that try to meet a lawyer to ask some advice and I'm sure that would give more help for you case
Top
jamhelmcor
- thin ice -
Posts: 31
Joined: Fri Mar 25, 2011 9:37 am
Location: 268 Bush St., San Francisco California United States 94104
Contact:
Contact jamhelmcor

Post by jamhelmcor » Wed Mar 30, 2011 4:12 pm

Normally you have the right. You have to fight for it in court. Or the if the child is of legal age he/she can choose from the both of you.
Top
Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Thu Mar 31, 2011 5:36 pm

jamhelmcor wrote:Normally you have the right. You have to fight for it in court. Or the if the child is of legal age he/she can choose from the both of you.
Apart from the fact that this is completely wrong, you are replying to a thread which is almost four years old...
Top
Locked

Return to “US immigration”