help for my friend please

[When2RNLove 6]

Thats not kidnapping who will take care of the child while his in jail. So you rather a drug addict raise the child? Well rather make a way to get out than stay with him miserable.

Are you meaning her take the child on the plane while he is in jail, if so, that is kidnapping. Am I understanding you right?

[payxibka 10,045]

More commonly referred to as "parental child abduction." It is a "slippery slope" particularly when it is international case as you are looking at juridictional issues and cooperation amongst different countries.

Edited January 18, 2010 by payxibka

[When2RNLove 6]

If she has the money, buy a ticket, pack her bag, call a taxi and board the plane. She is the mother. Also, they are not married. She could do anything she wants with the baby. She could leave anytime with the baby. She does not need to tell him that she is leaving him.

To all who are posting about this topic. Please let's not turn this into a Male, Female thing. I can tell by some of the comments that it is headed that way. We we are trying to help a fellow VJer. It is true in most states a Father has no legal rights until a court rules on a custody matter. He is just merely a sperm donor, but that said I don't study criminal law for nothing. I'm not into to the family law, but I know kidnapping when I see it. I have SOLE custody of my 4-year old, but I still can't remove her from my State without pre-approval from a Judge. Just be careful.

Edited January 18, 2010 by Mike N Julie

[journeyingwithyou 0]

Try the following link from the USCIS website. I suggest that your friend should call the police and report her case but making sure the police will find drugs her husband uses to prove her claim since there is no domestic violence except for the danger of being a victim in relation to drug use.

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

[payxibka 10,045]

Try the following link from the USCIS website. I suggest that your friend should call the police and report her case but making sure the police will find drugs her husband uses to prove her claim since there is no domestic violence except for the danger of being a victim in relation to drug use.

http://www.uscis.gov/files/pressrelease/IMBRA072106.pdf

Not sure how this applies to "child custody" situation and the ability to "remove" a child from the USA

[Deputy Purple 1,294]

For everyone who is saying that the USC has no rights because Paternity has not been determined yet, did you forget this from the OP:

They have a daughter who is 9 months old and a US citizen through CRBA

So paternity has been established. She is in a very dangerous position if she removes the child from the country without the father's written consent. I don't know how the Philippine Government would respond if the UCS sought and was awarded sole custody here after the child was removed.

Apparently the Philippines didn't ratify The Hague Convention on the Civil Aspects of International Child Abduction and anyone familiar with Philippine Family Code knows that an unwed mother has Sole Custody of her Philippine Citizen child even if the father is acknowledged on the birth certificate.

Daddy could put a stop on the baby's US passport but then I guess mommy could exit the baby on her PH passport.

My advise to the OP's friend:

What you can do {or get away with} is often times very far from what you should do. Get to a lawyer and do things right or it could cause more trouble for you and your daughter in the future than an "easy out" today is worth.

[ladyinpink 1]

Hello fellow VJ'ers,

My friend from the Philippines came here in the US on K1 visa last November 12,2009.Unfortunately,she is not getting marry with her fiancee (petitioner) anymore due to relationship problem.They have a daughter who is 9months old and a US citizen through CRBA.My friend arrived here in the US with her baby.Her problem is,her fiancee doesn't want her to go back to Philippines with their daughter.He said she can stay here in US and they can get marry,stay in the house to be with their baby and just treat each other like friends only..The guy (petitioner) has a girl and my friend found it out just lately.She want to go home as soon as possible before her I-94 expires with her baby.

My question is,how can she get the custody to have her daughter go back to the Philippines?Her fiancee told her that she can't leave with her daughter without custody and he even told her before that if they get marry,they have to do the pre-nuptial.

She told me that her fiancee is taking/using drugs.Her fiancee doesn't hurt him or anything but she doesn't want to stay with him anymore.She's in North Georgia (Flintstone) and don't know anybody who can help her.I told her to go to Atlanta to the Immigration,US Embassy or Phil.Consulate,but the Philippine Consulate that covers Georgia is at Washington,DC.

She don't know how to drive yet,no greencard,no license.She don't know what to do anymore.

Btw,her daughter has a Philippine passport too so her baby is dual-citizen.

Please I need some help or information for her.

Thanks for the advance and speedy answers!!!!!!

i fell so bad to your friend i hope her baby is doing well and be safe living with drug addict is terrable i hope his exfeance sign the custudy to her mother to travel the baby goiong back to the pinas i think she need permit to travel good bless and good luck

[candelari 0]

Hello fellow VJ'ers,

My friend from the Philippines came here in the US on K1 visa last November 12,2009.Unfortunately,she is not getting marry with her fiancee (petitioner) anymore due to relationship problem.They have a daughter who is 9months old and a US citizen through CRBA.My friend arrived here in the US with her baby.Her problem is,her fiancee doesn't want her to go back to Philippines with their daughter.He said she can stay here in US and they can get marry,stay in the house to be with their baby and just treat each other like friends only..The guy (petitioner) has a girl and my friend found it out just lately.She want to go home as soon as possible before her I-94 expires with her baby.

My question is,how can she get the custody to have her daughter go back to the Philippines?Her fiancee told her that she can't leave with her daughter without custody and he even told her before that if they get marry,they have to do the pre-nuptial.

She told me that her fiancee is taking/using drugs.Her fiancee doesn't hurt him or anything but she doesn't want to stay with him anymore.She's in North Georgia (Flintstone) and don't know anybody who can help her.I told her to go to Atlanta to the Immigration,US Embassy or Phil.Consulate,but the Philippine Consulate that covers Georgia is at Washington,DC.

She don't know how to drive yet,no greencard,no license.She don't know what to do anymore.

Btw,her daughter has a Philippine passport too so her baby is dual-citizen.

Please I need some help or information for her.

Thanks for the advance and speedy answers!!!!!!

She needs a lawyer. She might be able to file for something under " removing from U.S will cause hardship". If that doesn't apply to extereme hardship I don't know what else does? She can be awarded for a visa 'till go to court and finalize child custody... I don't know, I am not a lawyer but I have a hard time to believe USCIS will ask her to leave the baby behind and go back because K1 is about to expire.

as soon as she files for custody she will get a court date. She can try to get sooner date and place a temporary order for being "mother exclusively decides where the child will resides". " father will pay the travel expenses for visitation" etc.... Divorce lawyers are keen about these except it all cost money...

She may even have travel permit from h er husband for the baby already since she has traveled once.

Good luck

Edited January 18, 2010 by candelari

[edward toro 3]

Negotiation with the father. That's the way to go. If he is in drugs and living the way you describe, He is not so interesting in keeping the baby. The "resign of child support" is a good idea to convince the father.

Also, She does not need to go to the embassy in Washington. She could just call. I'm sure they can do something about it. At least it will be a legal record of this problem.

At the end I really don't think the father really wants to keep the child (base on your story). I think he just want to show that he has some control over all this situation.

Take the child without permission: BAD IDEA

Stay over the time limit in the U.S: BAD IDEA

[Lona.C. 16]

there has been cases where uscis didnt care if the immigrant had a child ,

when they found out there was a overstay they did order removal

and if the child was USC the child had to stay in the US if the father didnt agrea to let his parental rights go ,

from hearing the story and how the father offerd to marry her

just so he wont loos the baby i doubt he is willing to let his rights go ,

and since the baby is already here and is a USC ( dual ) it is a written agreament with the gov as others said it would be a international child abdotion case ,

it would only take a phonecall from the father to the police stating her intentions of leaving with the baby ,

she could be arrested at the airport .

like others said she needs a laywer

[Brother Hesekiel 2,236]

For the reasons indicated, the US doesn't "like" dual citizenship.

Let's say the mother, not married to the father, never has been, takes her child and travels with her to the Philippines. Father claims abduction and the US embassy gets involved. If the child is a USC only, they will be able to cause a lot of trouble for the mother, with possible outcome being the child to be returned to the US.

But . . . since the child has a Philippines passport, the Philippines Government can show the US the middle finger. For them the child is a citizen of the Philippines, living with her single mother. As long as the mother doesn't want to visit the US again, this would be a viable option, given the dangers of her having to return to the Philippines without her child.

Clearly, if I were in her shoes, I would leave the US with my child as soon as possible, and I'm not saying that lightly. What's worse: being accused by a drug-addicted guy of stealing their child, or leaving one's child with said drug addict thousands of miles away? You be the judge . . .

[Anh map 2,098]

The mother, perhaps with the help of friends, needs to be proactive. Don't sit and wait to see what happens. Go out and learn about the options and potential consequences.

The mother needs professional guidance from a family law attorney so that she is aware of her rights as a parent as well as what the father's rights are. If she cannot afford to pay an attorney groups such as Catholic Charities can help.

[Old Dominion 26]

She brought that baby over of her own will and if she had not, the father would have no claim on the child. He still has no legal claim on the child as they are not married, no custody issue has been put before the court, and he has taken no steps to legally adopt the child as his own. For all intents and purposes, mom and baby are visiting the daddy and can feel free to return home.

That's my take on the situation, but of course I am not a lawyer. My guess is that her drug-addled boyfriend who already has a mistress, will let the matter drop once he realizes he is not entitled to any legal control over the whereabouts of the baby.

[Kathryn41 3,205]

The mother, perhaps with the help of friends, needs to be proactive. Don't sit and wait to see what happens. Go out and learn about the options and potential consequences.

The mother needs professional guidance from a family law attorney so that she is aware of her rights as a parent as well as what the father's rights are. If she cannot afford to pay an attorney groups such as Catholic Charities can help.

Please remember that advocating anything illegal is a violation of TOS. Please don't encourage this woman to commit a crime that could come back and haunt her for the rest of her life. This post by Anh map indicates the correct action the mother needs to take. She needs professional guidance from a family law lawyer who can help her obtain/verify custody - she may already have it as she brought the child with her from the Philippines - and figure out how best to approach the situation in the time involved. It may mean that the mother should seek shelter in a womans' shelter with her child and ask for their assistance. It may mean using the lawyer to negotiate with the father for his agreement for the child to leave the country. This is not an easy situation and the last thing this woman needs is arm chair lawyers advising her to action that may break the law. She needs to verify the custody of the child first.

Edited January 19, 2010 by Kathryn41

[DARUMA07 25]

Please remember that advocating anything illegal is a violation of TOS. Please don't encourage this woman to commit a crime that could come back and haunt her for the rest of her life. This post by Anh map indicates the correct action the mother needs to take. She needs professional guidance from a family law lawyer who can help her obtain/verify custody - she may already have it as she brought the child with her from the Philippines - and figure out how best to approach the situation in the time involved. It may mean that the mother should seek shelter in a womans' shelter with her child and ask for their assistance. It may mean using the lawyer to negotiate with the father for his agreement for the child to leave the country. This is not an easy situation and the last thing this woman needs is arm chair lawyers advising her to action that may break the law. She needs to verify the custody of the child first.

The best advice on both accounts!!