Folinskyinla

Hi:

Mum didn't talk about it. But what makes you think the kid hasn't gone to school? Inquiring minds would like to know.

USA & Pakistan

Dinner at Ray's house!!

Marnee

USA & Pakistan

Karma for Evoal & Eggy!

snowbunny

If your child's father has not relinquished his rights to paternity, then you must get his permission to make a legal decision since at age eight she is nowhere near the age of majority in any country.

If you entered the US on the VWP, the odds are nearly 100% that the US has a formal extradition treaty that will extradite parent and child if a parent brings a child without the other parent's consent. This is considered a crime and will permanently damage your hopes of changing status. You are risking both your daughter and you being extradited with you with criminal kidnapping charges, whether or not you apply for a change in status.

Does your daughter have a passport of her own, or is she carried on yours? Did her father give consent for her passport to be issued, and do you have proof of this? If she is on your passport, she will have to apply in her own name very soon, and you will be asked for her father's permission. You will have to supply her birth cert -- does it name her father? Even if it does not, he must provide written agreement or you must have a court order allowing you to reside outside her country of origin and granting you sole legal and physical custody.

If you have compelling reasons as to why his parental rights should be terminated, you should immediately begin legal proceedings in your country of origin and make every attempt to contact him. A lawyer in your country will know what effort you must make to locate him in order to satisfy the courts. You must obtain a copy of the court order or finding and if you are able, file it with the county in which you currently reside. Although the state is mandated to educate your daughter and to provide emergency health care no matter what her immigration or custody status, you will find it increasingly hard as she grows older if you do not have a court order. A major hurdle will come if she wishes to drive before she is 18, for example.

I know what it is like to have chosen a father for my children who can deny my wishes for their legal and physical custody decisions. I hate it, I chafe against it, but I made that decision when I chose to have sex and bear a child. It's her right to establish a relationship with her father, and even if you manage to postpone that until she is 18, she may decide that your actions were not in her or her father's best interest and refuse any contact with you, especially if she can no longer locate her father or he has died.

We cannot help you without knowing your daughter's custody status. I am not judging you; I feel for you, but I also know from personal experience that the advice I am giving you is sound. Begin to sort out your daughter's custody status immediately regardless of the decision you make about your own visa status.

timeofmylife

The father has no rights. he is not named on the birth certificate. he has not seen her since birth except for once when she was about 2.
also she has her own passport and i did not need his permission to get the passport. i have never heard that you need both parents permission to get a passport in the uk. i have spoken to a lawyer in the uk and they do not see a problem with the custody.

euro

Thats right, if the parents were NOT married, wether the fathers name is on the birthcertificate or not, he has NO legal rights!...He has to take the mother to court "or" agree through a solicitor "paternal rights"..
And out of curiousity ....Is Your Child going to school in the US, and if so for how long??

eggysbrain

why ty! ;

snowbunny

For an 8-year-old child, it is true. The law changed in 2004 so that if an unmarried father's name is on the birth certificate, he has "acquired parental responsibility" and his permission WOULD be required for the child to legally leave the UK.

In the OP's case, I cannot find whether there is a statue of limitations under which the father must file a court order to "acquire parental responsibility." But since he currently doesn't have parental responsibility, she is indeed free to have left the UK with the child and to exercise all legal decisions on the child's behalf.

This is an area which differs considerably from the US's practises; an unmarried father has significantly more parental rights.

evoal2003

Thank you.

Hypertweeky

I got some too

Gigiola

[QUOTE=1Duckie]If I were "tightening up our borders", the first thing I would look at is the fact that people can get a marriage license without having to produce the APPROVED stamp in their passport for K1 (if that is done).
This would put an end to the overstay - married- and adjustment issue.

But that would mean that I couldn't have entered on WVP, got married and then returned to Spain to wait out the CR-1. And what I was doing was totally legal.

Laws have to make at least a little sense.

scrubbedexpat099

[QUOTE=Gigiola] Really?

I never knew that.

Gigiola

Thanks Boiler .. you just reminded me why I don't come here often.

1Duckie

[QUOTE=Gigiola] I stand by the procedure outlined.

Yes you followed procedure, not everyone does.
Fact in point the OP of this topic.

scrubbedexpat099

This is pointless, the LAW allows you to adjust from VWP (ex intent).

The LAW allows you to enter K1/K3 etc and to adjust

If they banned adjusting for those already here on another Visa/VWP how does that secure the borders?? They are already here! If there was eveil intent, too late.

It is just a question of how long it takes you to go through the process, and that could be equalised.