LoriBeachBug

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

Elvira

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.

Tracym

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

ian-mstm

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.


You sound very selfish. Why should your rights be more important than his rights?

Ian

LoriBeachBug

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?

Elvira

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.

Noorah101

It might be worthwhile to stay in the USA, for the sake of your son's healthy upbringing by both parents.

Mallory

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.

Elvira

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

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.

fatbrit

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.

Tracym

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.

fatbrit

I don't suggest she does anything. I'm just answering her question.

meauxna

This thread is closed.