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parental rights can anyone help

parental rights can anyone help

Old Mar 27th 2008, 12:43 am
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Default parental rights can anyone help




hi can anyone help me please, my daughter went to america 5 years ago on a wv, she married within 90days.(without a K1) since then they have had a daughter who is 4. the relationship looks like its coming to an end, my daughter wants to return to England with her daughter, but my grandaughter has no passport and my son in law wont sign anything. although hes told them to leave.
my question is ............. with my daughter being british her husband american what rights does my daughter have, and how can she bring her home with her. is my grandaughter half british and half american will she need a duel passport, please please can someone help.
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Old Mar 27th 2008, 12:50 am
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Default Re: parental rights can anyone help

Originally Posted by kazzy48


hi can anyone help me please, my daughter went to america 5 years ago on a wv, she married within 90days.(without a K1) since then they have had a daughter who is 4. the relationship looks like its coming to an end, my daughter wants to return to England with her daughter, but my grandaughter has no passport and my son in law wont sign anything. although hes told them to leave.
my question is ............. with my daughter being british her husband american what rights does my daughter have, and how can she bring her home with her. is my grandaughter half british and half american will she need a duel passport, please please can someone help.
What is your daughter's status in the US - is she a Permanent Resident or has she naturalised?

Your granddaughter is likely to be a dual citizen - but your daughter needs to register the birth at the British Embassy in DC, and get her a British passport. If the child is ever to travel outside the US, she will also need a US passport.

Your daughter cannot remove the child from the US without either the father's consent, or a court order. The latter is highly unlikely to be granted.

Sorry to be the bearer of bad news...

Your daughter should consult a divorce attorney without delay.
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Old Mar 27th 2008, 1:00 am
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Default Re: parental rights can anyone help

Originally Posted by Elvira
What is your daughter's status in the US - is she a Permanent Resident or has she naturalised?

Your granddaughter is likely to be a dual citizen - but your daughter needs to register the birth at the British Embassy in DC, and get her a British passport. If the child is ever to travel outside the US, she will also need a US passport.

Your daughter cannot remove the child from the US without either the father's consent, or a court order. The latter is highly unlikely to be granted.

Sorry to be the bearer of bad news...

Your daughter should consult a divorce attorney without delay.
thanks for replying. my daughter has no status really she went over on a 2 week holiday and met her now husband off the internet, they married like i sed within 90days because he said she would be able to stay then, so she is really classed has illegally over there, she has no money and no job because she cant have a green card, shes not a citizan or a resident of the usa, she was just a stupid 19yr old who listen to her heart not her head, he is making it difficult for her he says she can take there daughter but he wont put it in writting,
so she will 1st need to regeister her at the british embassy ? and will need 2 passports
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Old Mar 27th 2008, 1:04 am
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Default Re: parental rights can anyone help

i beleive unless she has a letter from him they wont let the daughter be taken from the country- ie will stop them at the airport.
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Old Mar 27th 2008, 1:07 am
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Default Re: parental rights can anyone help

Originally Posted by kazzy48
thanks for replying. my daughter has no status really she went over on a 2 week holiday and met her now husband off the internet, they married like i sed within 90days because he said she would be able to stay then, so she is really classed has illegally over there, she has no money and no job because she cant have a green card, shes not a citizan or a resident of the usa, she was just a stupid 19yr old who listen to her heart not her head, he is making it difficult for her he says she can take there daughter but he wont put it in writting,
so she will 1st need to regeister her at the british embassy ? and will need 2 passports
This is bad news. Why on earth did she never adjust her status...

Are you saying that the father consents to his daughter's move to the UK, but he simply refuses to sign any kind of document? Not even a notarized letter?

Your daughter needs to see 2 types of attorney WITHOUT DELAY:

(1) a divorce attorney

(2) an experienced, qualified immigration attorney - preferably one who has experience in this kind of case.

This is *not* a DIY case - she MUST get proper legal advice!

See www.ailalawyer.com for a list of qualified immigration attorneys.
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Old Mar 27th 2008, 1:28 am
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Default Re: parental rights can anyone help

he says she can take her, but he wont sign anything, she wrote down i give you permittion etc and he just screwed it up. shes tried to talk to him but he wont talk. she has no money for lawyers, shes needs legal aid i am willing pay for the tickets get her home, but she says she wont leave without her daughter, alls she wants for him to do is get a passport for her and say she can go, because hes told them both to go, she is 4 years old,

dont know what this is

Not even a notarized letter?
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Old Mar 27th 2008, 1:36 am
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Default Re: parental rights can anyone help

she cant leave without a letter from him. If he wont give it then she has no choice but to go to a lawyer who may be able to force the issue with him somehow?

Otherwise she will be coming to the uk without her daughter!
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Old Mar 27th 2008, 1:49 am
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Default Re: parental rights can anyone help

Originally Posted by kazzy48
he says she can take her, but he wont sign anything, she wrote down i give you permittion etc and he just screwed it up. shes tried to talk to him but he wont talk. she has no money for lawyers, shes needs legal aid i am willing pay for the tickets get her home, but she says she wont leave without her daughter, alls she wants for him to do is get a passport for her and say she can go, because hes told them both to go, she is 4 years old,

dont know what this is

Not even a notarized letter?
A notarized letter is a formal letter which the father would have to sign in the presence of a notary public. This costs about $10.

But it is imperative that your daughter gets proper legal advice. There is no such thing as Legal Aid in the US, but most lawyers will do a certain amount of pro bono work. There are also Catholic charities that provide immigration advice.

It is important that the 2 lawyers - divorce and immigration - coordinate.
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Old Mar 27th 2008, 1:52 am
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Default Re: parental rights can anyone help

The little girl cannot have a US passport issued without the signatures of both parents.
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Old Mar 27th 2008, 1:54 am
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Default Re: parental rights can anyone help

Originally Posted by snowbunny
The little girl cannot have a US passport issued without the signatures of both parents.
Good point. I guess it's the same for the British passport as well...
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Old Mar 27th 2008, 1:57 am
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Default Re: parental rights can anyone help

Originally Posted by Elvira
Good point. I guess it's the same for the British passport as well...
If issued in the US, I would think they would stick to that country's laws, eg both parents must sign even if the father isn't found to have "parental responsibility" or custody etc.

I'm still waiting on my ex to sign, and the eldest is now 15.
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Old Mar 27th 2008, 1:58 am
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Default Re: parental rights can anyone help

Originally Posted by kazzy48


hi can anyone help me please, my daughter went to america 5 years ago on a wv, she married within 90days.(without a K1) since then they have had a daughter who is 4. the relationship looks like its coming to an end, my daughter wants to return to England with her daughter, but my grandaughter has no passport and my son in law wont sign anything. although hes told them to leave.
my question is ............. with my daughter being british her husband american what rights does my daughter have, and how can she bring her home with her. is my grandaughter half british and half american will she need a duel passport, please please can someone help.
Hi:

This is a mess. I suggest she contact a "battered womens" shelter or assistance or some such. Even if she has not been physically battered, she should do this -- she will be put in touch with people who can help her.

She must do this. This is not a DIY project. She will find the authorities quite friendly towards her.
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Old Mar 27th 2008, 1:58 am
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Default Re: parental rights can anyone help

Originally Posted by Elvira
A notarized letter is a formal letter which the father would have to sign in the presence of a notary public. This costs about $10.

But it is imperative that your daughter gets proper legal advice. There is no such thing as Legal Aid in the US, but most lawyers will do a certain amount of pro bono work. There are also Catholic charities that provide immigration advice.

It is important that the 2 lawyers - divorce and immigration - coordinate.
Another reason to get legal advice is that there is a financial side to this as well. If - and it's a big "if" - the mother ends up with custody, she may very well be entitled to child support from the father. Additionally, if she is legally separated or divorced, she may also be entitled to spousal support if there is a disparity between their incomes. If I was in this person's shoes, I would stry to find some way of staying in the US and going through the legal system to gain custody and support. Simply leaving with the child would be a bad move, imo, and may jeopardize her legal position.
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Old Mar 27th 2008, 2:01 am
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Default Re: parental rights can anyone help

Originally Posted by Giantaxe
Simply leaving with the child would be a bad move, imo, and may jeopardize her legal position.
Yes, and under NO circumstances should she leave the US without sorting this out. I'd even be reluctant to give the father unsupervised visitation. I agree with Folinsky.... if the husband is kicking the wife and child out of the house, then a shelter is the way to go.
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Old Mar 27th 2008, 2:06 am
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Default Re: parental rights can anyone help

Originally Posted by snowbunny
Yes, and under NO circumstances should she leave the US without sorting this out.......
Absolutely!

Just getting the child back to the UK is not enough.

Even if the father now says that she can 'leave and take the child', if she does not have a formal agreement, he could at some point in the future accuse her of child abduction.

And that would be really bad news...
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