Go Back  British Expats > Living & Moving Abroad > USA
Reload this Page >

Divorce/taking child out of US

Divorce/taking child out of US

Old Dec 30th 2007, 6:53 pm
  #1  
Banned
Thread Starter
 
Joined: Dec 2007
Posts: 2
LoriBeachBug is an unknown quantity at this point
Default Divorce/taking child out of US

Short history. I came to US on K1 4 years ago and have 10 green card. Since being in United States my USA husband and I had a child in the USA. Can i take this baby back to my home country to live after divorce is final, or not since he is US citizen by birth. I was wondering if this is a difficult task as the father is very, very much upset that i want to take our son with me. I know it is hard for him, but i am not sure what rights i have in this circumstance. Are there any obstacles. Divorce is only for not getting along. No abuse of any kind. Just didn't work out. Home country is Colombia
LoriBeachBug is offline  
Old Dec 30th 2007, 6:56 pm
  #2  
The Duchess of Putney
 
Joined: Jan 2005
Location: HOME
Posts: 23,151
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by LoriBeachBug View Post
Short history. I came to US on K1 4 years ago and have 10 green card. Since being in United States my USA husband and I had a child in the USA. Can i take this baby back to my home country to live after divorce is final, or not since he is US citizen by birth. I was wondering if this is a difficult task as the father is very, very much upset that i want to take our son with me. I know it is hard for him, but i am not sure what rights i have in this circumstance. Are there any obstacles. Divorce is only for not getting along. No abuse of any kind. Just didn't work out. Home country is Colombia
This is a child custody issue - not an immigration issue.

Do you have sole custody? Even then, you would need the father's and/or a court's consent to remove the child from the country.

You need to talk to your divorce attorney about this.
Elvira is offline  
Old Dec 30th 2007, 7:07 pm
  #3  
Lost in BE Cyberspace
 
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Tracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by LoriBeachBug View Post
Short history. I came to US on K1 4 years ago and have 10 green card. Since being in United States my USA husband and I had a child in the USA. Can i take this baby back to my home country to live after divorce is final, or not since he is US citizen by birth. I was wondering if this is a difficult task as the father is very, very much upset that i want to take our son with me. I know it is hard for him, but i am not sure what rights i have in this circumstance. Are there any obstacles. Divorce is only for not getting along. No abuse of any kind. Just didn't work out. Home country is Colombia
Joint custody is very often rewarded, if neither parent is abusive. And even with sole physical custody, the other parent generally gets a fair bit of visitation. It is common to have a restriction that the custodial parent cannot move more than a certain amount of miles (say 100 for example) from the other parent.

That can sometimes be overcome, if it is determined to be in the best interest of the child. Custodial parent has a terrific job, etc.

But I think it might be a bit of an uphill battle to persuade a US judge that it is in the best interests of the child to leave his father and the country.

Like Elvira says, your attorney should know.

Good luck, Tracy
Tracym is offline  
Old Dec 30th 2007, 8:57 pm
  #4  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,867
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by LoriBeachBug View Post
Can i take this baby back to my home country to live after divorce is final, or not since he is US citizen by birth.
This is a custody issue... and your husband needs to give written permission for you to take the child away from US jurisdiction. If he does not give permission, then you must either remain in the US (well, you can leave the US but the child has to stay) or kidnap the child... and, as you say, the child is a US citizen - you're going to have federal police forces in at least two countries involved in tracking you down to return the child to US jurisdiction.


I was wondering if this is a difficult task as the father is very, very much upset that i want to take our son with me. I know it is hard for him, but i am not sure what rights i have in this circumstance.
You sound very selfish. Why should your rights be more important than his rights?

Ian

Last edited by ian-mstm; Dec 30th 2007 at 9:04 pm. Reason: Clarification
ian-mstm is offline  
Old Jan 2nd 2008, 4:38 pm
  #5  
Banned
Thread Starter
 
Joined: Dec 2007
Posts: 2
LoriBeachBug is an unknown quantity at this point
Default Re: Divorce/taking child out of US

I appreciate your reply's. I feel bad to take our son but i have to go back to my own country. I don't want to stay in US since marriage has not worked out. I don't know what else to do. I can't just leave my son. Any advice?
LoriBeachBug is offline  
Old Jan 2nd 2008, 4:40 pm
  #6  
The Duchess of Putney
 
Joined: Jan 2005
Location: HOME
Posts: 23,151
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by LoriBeachBug View Post
...I can't just leave my son. Any advice?
What is the current custody arrangement?

Talk to your divorce attorney.

Familiarise yourself with the custody laws of your state.

Join a support group for divorced mothers.
Elvira is offline  
Old Jan 2nd 2008, 4:46 pm
  #7  
MODERATOR
 
Noorah101's Avatar
 
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 57,745
Noorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond reputeNoorah101 has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by LoriBeachBug View Post
I appreciate your reply's. I feel bad to take our son but i have to go back to my own country. I don't want to stay in US since marriage has not worked out. I don't know what else to do. I can't just leave my son. Any advice?
It might be worthwhile to stay in the USA, for the sake of your son's healthy upbringing by both parents.
Noorah101 is offline  
Old Jan 2nd 2008, 4:53 pm
  #8  
In the pink
 
Mallory's Avatar
 
Joined: Oct 2006
Location: USA
Posts: 3,093
Mallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond reputeMallory has a reputation beyond repute
Default Re: Divorce/taking child out of US

When this little American boy grows up, he may very much resent you if you take him away from his home country, and his dad. Best to think in the long term. Chances are, when he reaches 18, he is on the next plane out to the USA, and you could be married to someone else, and stuck in Colombia.
Mallory is offline  
Old Jan 2nd 2008, 4:54 pm
  #9  
The Duchess of Putney
 
Joined: Jan 2005
Location: HOME
Posts: 23,151
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by Noorah101 View Post
It might be worthwhile to stay in the USA, for the sake of your son's healthy upbringing by both parents.
It would definitely be advisable to stay long enough for her to gain citizenship.

In any event, I think her chances of being able to take the child out of the US without the father's consent are slim to non-existent.
Elvira is offline  
Old Jan 2nd 2008, 4:57 pm
  #10  
The Duchess of Putney
 
Joined: Jan 2005
Location: HOME
Posts: 23,151
Elvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond reputeElvira has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by Mallory View Post
When this little American boy grows up, he may very much resent you if you take him away from his home country, and his dad. Best to think in the long term. Chances are, when he reaches 18, he is on the next plane out to the USA, and you could be married to someone else, and stuck in Colombia.
American-Colombian boy, you probably meant to say...

Which reminds me: she needs to get him registered as a Colombian citizen, if she has not already done so.
Elvira is offline  
Old Jan 2nd 2008, 5:03 pm
  #11  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by LoriBeachBug View Post
Are there any obstacles.
If you don't have the father's permission, the large obstacle is with US authorities when leaving -- depends to some extent on how you leave, though, on whether or not you are stopped. Colombia (along with the US) is a signatory to the Hague Convention which ensures kidnapped children are returned back home. However, the US State Department reports that Colombian courts are not particularly enthusiastic in enforcing it.
fatbrit is offline  
Old Jan 2nd 2008, 5:13 pm
  #12  
Lost in BE Cyberspace
 
Joined: Jan 2007
Location: NW Chicago suburbs
Posts: 11,253
Tracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond reputeTracym has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by fatbrit View Post
If you don't have the father's permission, the large obstacle is with US authorities when leaving -- depends to some extent on how you leave, though, on whether or not you are stopped. Colombia (along with the US) is a signatory to the Hague Convention which ensures kidnapped children are returned back home. However, the US State Department reports that Colombian courts are not particularly enthusiastic in enforcing it.
I do hope you are not suggesteing she just do a runner...

I agree with entirely with Elvira - if the father does not consent, her chances of being given permission to take her son out of the US are slim imo.

She may not have a choice but to stay in the U.S. - or leave her son.

I do so sympathise, what a difficult situation.
Tracym is offline  
Old Jan 2nd 2008, 5:17 pm
  #13  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: Divorce/taking child out of US

Originally Posted by Tracym View Post
I do hope you are not suggesteing she just do a runner...

I agree with entirely with Elvira - if the father does not consent, her chances of being given permission to take her son out of the US are slim imo.

She may not have a choice but to stay in the U.S. - or leave her son.

I do so sympathise, what a difficult situation.
I don't suggest she does anything. I'm just answering her question.
fatbrit is offline  
Old Jan 2nd 2008, 5:28 pm
  #14  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: Divorce/taking child out of US

This thread is closed.
meauxna is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us Archive Advertising Cookie Policy Privacy Statement Terms of Service

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.