Bio Father refusing to allow C.R. Passport.

[FrancElsie 6]

Hello VJ'ers,

Just got off the phone with my (very upset) fiance'. She told me that the biological father of her son is refusing permission for her son to get a Costa Rican Passport. He needs this Passport because without it, there will be no U. S. Visa. She had an appointment in the local city near where she lives for next week...19th of March. Initially, he had agreed IF she would sign a legal document relieving him of any future financial responsibility for the boy. No problem with that because he doesn't pay anything anyway....or rarely does. (He's supposed to pay $36/month.) Any ideas about this from you experts in this realm?

Thanks,

Franc

[BlueBonnet 84]

Hello VJ'ers,

Just got off the phone with my (very upset) fiance'. She told me that the biological father of her son is refusing permission for her son to get a Costa Rican Passport. He needs this Passport because without it, there will be no U. S. Visa. She had an appointment in the local city near where she lives for next week...19th of March. Initially, he had agreed IF she would sign a legal document relieving him of any future financial responsibility for the boy. No problem with that because he doesn't pay anything anyway....or rarely does. (He's supposed to pay $36/month.) Any ideas about this from you experts in this realm?

Thanks,

Franc

Forgive me, Im not up to date on your countries laws. But Im going to say ... without much information as to her custody, I can only guess she will have to go to court. If she has sole custody, she shouldnt require his approval and should be legaly able to move the child wherever she pleases. If there is some joint cusody here, she will either need the bio dads consent or a court order. Good luck

[az110965 252]

Hi Franc,

Sorry about the situation. I've emailed the San Jose Embassy several times and surprisingly enough, they've been fairly quick to respond each time I've had questions. In one of my queries I asked about a situation similar to yours.

The father MUST give written permission stating that he has given consent for the minor chilkd to permanently immigrate to the USA and his cedula must be copied and attached to the letter. In your case, it sounds like some money might need to change hands in order to get what you're seeking (it's happened before where a "financial arrangement" has been made in order to obtain the father's permission for the child to immigrate).

I CAN tell you that no Costa Rican court will terminate the father's parental rights due to non payment of child support - in fact there is NO child support enforcement in the entire country, so in your case appealing to the father's "charitable side" may be your only recourse.

Hope things work out. PM me - I have a contact name and email for the Consulate at the San Jose Embassy if you need it.

Alan

[FrancElsie 6]

Hi Franc,

Sorry about the situation. I've emailed the San Jose Embassy several times and surprisingly enough, they've been fairly quick to respond each time I've had questions. In one of my queries I asked about a situation similar to yours.

The father MUST give written permission stating that he has given consent for the minor chilkd to permanently immigrate to the USA and his cedula must be copied and attached to the letter. In your case, it sounds like some money might need to change hands in order to get what you're seeking (it's happened before where a "financial arrangement" has been made in order to obtain the father's permission for the child to immigrate).

I CAN tell you that no Costa Rican court will terminate the father's parental rights due to non payment of child support - in fact there is NO child support enforcement in the entire country, so in your case appealing to the father's "charitable side" may be your only recourse.

Hope things work out. PM me - I have a contact name and email for the Consulate at the San Jose Embassy if you need it.

Alan

Hi Alan,

Thanks for your response and kind words of support. And, I agree with you. At this point, Elsie is trying to talk to him. But, I may have to go down there and speak with him also ... if she is unsuccessful. (Another $$$ visit was not planned at this time as I was waiting for her interview date.) Actually, we are NOT to the point of getting permission for the child to "immigrate" to the USA. We are at the CR Passport stage. The child does not have a Passport yet and the donor (*aka father) is uncooperative at this juncture. But, the issue is the same. And, we'll face the same thing in a few months when the interview is scheduled at the Costa Rican Embassy in San Jose. So, it is probably good that we are seeing what type of person we are dealing with... early in the process.

Regards,

Franc

[FrancElsie 6]

Hi Blue Bonnet and thanks for your response

She's had full responsibility for the child since birth...and as such there are "no formal custodial arrangements" since they were not married. He has acknowledged the boy and is listed on the birth certificate as the *father. That one simple fact has given him "parental rights" when he has done NOTHING for the benefit of this little boy. To my knowledge, he has not even seen him...certainly not paid much/anything for his support and benefit.

Elsie is able to move the child wherever she pleases...as long as it is within Costa Rica. To get this little boy to the USA, I need two things...both of which require the approval of the donor. (*father) 1) The boy needs a Costa Rican Passport. 2) A letter of consent to immigrate to the USA.

We're at step #1 now...getting the Costa Rica Passport. IF this *father is being un-cooperative at this point, I can only imagine how he will be at the next step of the process. I think this man is just trying to be a DUCK!!! And, he is succeeding!! LOLOL

Franc

Edited March 13, 2010 by FrancElsie

[SunDrop 59]

Hi Blue Bonnet and thanks for your response

She's had full responsibility for the child since birth...and as such there are "no formal custodial arrangements" since they were not married. He has acknowledged the boy and is listed on the birth certificate as the *father. That one simple fact has given him "parental rights" when he has done NOTHING for the benefit of this little boy. To my knowledge, he has not even seen him...certainly not paid much/anything for his support and benefit.

Elsie is able to move the child wherever she pleases...as long as it is within Costa Rica. To get this little boy to the USA, I need two things...both of which require the approval of the donor. (*father) 1) The boy needs a Costa Rican Passport. 2) A letter of consent to immigrate to the USA.

We're at step #1 now...getting the Costa Rica Passport. IF this *father is being un-cooperative at this point, I can only imagine how he will be at the next step of the process. I think this man is just trying to be a DUCK!!! And, he is succeeding!! LOLOL

Franc

Sorry to hear this, with my own child and her father still being involved in her life, I really empathize with how stressful this is. We went through a phase when he was making noises about not permitting it and I nearly pulled my hair out with the stress of it all.

Just wanted to add that it's probably worth getting both authorizations done at the same time, namely signing the passport form AND the permission letter. Thinking being that if he'll only sign upon payment, you'll likely have a repeat "demand". I've never read anything that says it has to be dated within a certain period of time in relation to the interview date.

It might differ country to country but in England, it also needs to be a notarized signature, at least on the letter.

Good luck

[Gary and Alla 3,694]

Hello VJ'ers,

Just got off the phone with my (very upset) fiance'. She told me that the biological father of her son is refusing permission for her son to get a Costa Rican Passport. He needs this Passport because without it, there will be no U. S. Visa. She had an appointment in the local city near where she lives for next week...19th of March. Initially, he had agreed IF she would sign a legal document relieving him of any future financial responsibility for the boy. No problem with that because he doesn't pay anything anyway....or rarely does. (He's supposed to pay $36/month.) Any ideas about this from you experts in this realm?

Thanks,

Franc

2 options

1. In Ukraine (and maybe in Costa Rica) the father's permission was needed for the child to get their OWN passport. The father's permission was NOT need to add the child to the mother's passport. Adding the child to the mother's passport is sufficient for the issuance of the isa, IF Costa Rica allows it. Check it out.

2. Bribe the father. This is what we did to get his permission letter to allow the children to have a K-2 visa. You may need this alos (most likely) so maybe just bribe him one time and be done with it.

[john & jean 37]

there are other ways to use the money. VJ, TOS prevents me from details.

[ymerejtrebor 0]

Hello VJ'ers,

Just got off the phone with my (very upset) fiance'. She told me that the biological father of her son is refusing permission for her son to get a Costa Rican Passport. He needs this Passport because without it, there will be no U. S. Visa. She had an appointment in the local city near where she lives for next week...19th of March. Initially, he had agreed IF she would sign a legal document relieving him of any future financial responsibility for the boy. No problem with that because he doesn't pay anything anyway....or rarely does. (He's supposed to pay $36/month.) Any ideas about this from you experts in this realm?

Thanks,

Franc

Bribe may work..I had the exact same situation..what we did is have many family members put pressure on the father to sign for the passport and the permission to travel. After some discussion it worked, although I will say the 3 hour wait in the line at immigration with the father was no fun! :-) Anyway, all went well and we avoided any confrontation and we are good now. If that family pressure had not worked, we would have resorted then to financial type of enticements, and then lastly, gone for the 'extincion de paternidad' which you can get from any attorney in Costa Rica. Problem with that route is it usually takes at least 6 months..so you should start that process sooner rather than later if you have to take that road. There is a guy Greg Kearney I consulted with before I got the signature..he seemed really good.

No matter what, good luck and Pura Vida!

Jeremy

[ymerejtrebor 0]

Hello VJ'ers,

Just got off the phone with my (very upset) fiance'. She told me that the biological father of her son is refusing permission for her son to get a Costa Rican Passport. He needs this Passport because without it, there will be no U. S. Visa. She had an appointment in the local city near where she lives for next week...19th of March. Initially, he had agreed IF she would sign a legal document relieving him of any future financial responsibility for the boy. No problem with that because he doesn't pay anything anyway....or rarely does. (He's supposed to pay $36/month.) Any ideas about this from you experts in this realm?

Thanks,

Franc

By the way...when getting the passport, we were able to get the permission letter at the same time issued...it is a separate very official (although not all that fancy) piece of paper with Cedula information of both parents that stated that the daughter of my fiance had permission to go with either parent outside the country. They stamped it with a special 'sello' or seal from the immigration department. So, that way, there are not 2 processes you need to go thru..if you get the passport you can get permission to leave all at one time...Also, let me be clear...there was some discussion when we were talking to the immigration folks about what kind of permission was being granted...different options if you will. One choice was to have to get permission for every time the child left. Another choice was to have full rights to just the mother (father would not allow that). Another one was either parent (that is what we got). So, that is your challenge. Again, good luck!

Jeremy

[ymerejtrebor 0]

Hello VJ'ers,

Just got off the phone with my (very upset) fiance'. She told me that the biological father of her son is refusing permission for her son to get a Costa Rican Passport. He needs this Passport because without it, there will be no U. S. Visa. She had an appointment in the local city near where she lives for next week...19th of March. Initially, he had agreed IF she would sign a legal document relieving him of any future financial responsibility for the boy. No problem with that because he doesn't pay anything anyway....or rarely does. (He's supposed to pay $36/month.) Any ideas about this from you experts in this realm?

Thanks,

Franc

One other thing I wanted to say about this and this is my last comment..I promise! Really it goes without saying that the US embassy cannot help you in anyway regarding the immigration of a Costa Rican child. All they will tell you is what they need to issue your fiance and her son a VISA if you meet all the requirements. Of course, one of those requirements is a passport with the special permission from the father..and you get that through the immigration department in Costa Rica which is where your hold up is. 'Propina' or bribe may be the way to go here..but make sure you start the bidding by asking the father what it would take..then your fiance gets to wait in line for hours and hours with the father....Nooooo fun!

[FrancElsie 6]

Sorry to hear this, with my own child and her father still being involved in her life, I really empathize with how stressful this is. We went through a phase when he was making noises about not permitting it and I nearly pulled my hair out with the stress of it all.

Just wanted to add that it's probably worth getting both authorizations done at the same time, namely signing the passport form AND the permission letter. Thinking being that if he'll only sign upon payment, you'll likely have a repeat "demand". I've never read anything that says it has to be dated within a certain period of time in relation to the interview date.

It might differ country to country but in England, it also needs to be a notarized signature, at least on the letter.

Good luck

Thanks for your input. I agree with you about getting BOTH authorizations done at the same time. This man IS NOT and HAS NOT been involved in the life of the boy at all. I put this into the hands of Elsie, my fiance' this morning. He wants her to "sign off" on any and all future support payments forever...then he will sign for the Passport and sign an authorization for the boy to leave the country. He has paid about $100 per year for the past 7 years as I understand things. I explained to Elsie that this is entirely her decision now and that I cannot do anything from the USA. She has two options: 1) Sign the paper to cancel his support payments forever and have a 90% chance of coming to the USA or 2) Not sign the paper to cancel his support payments, thus not getting a Passport for her son and having a 0% chance of getting a VISA for her and her son. The man has NOT asked for a bribe and I'm not sure that I would pay if he did want some money. In my opinion, people must do things for the right reasons and not just for financial reasons. So....we will see what happens shortly.

[FrancElsie 6]

2 options

1. In Ukraine (and maybe in Costa Rica) the father's permission was needed for the child to get their OWN passport. The father's permission was NOT need to add the child to the mother's passport. Adding the child to the mother's passport is sufficient for the issuance of the isa, IF Costa Rica allows it. Check it out.

2. Bribe the father. This is what we did to get his permission letter to allow the children to have a K-2 visa. You may need this alos (most likely) so maybe just bribe him one time and be done with it.

Thanks for your input. I will consider what you have said...although:

1) I have never heard of adding a child to a mother's passport. To my knowledge, all persons MUST have their OWN Passport from the country of their citizenship. I went through this one other time with a woman/daughter from Colombia...BOTH of them needed their OWN Passports. Same here in the USA....everyone needs their own Passport.

2) Fundamentally, I do not agree with bribes. Things must be done for the correct reasons, not financial gain. Additionally, the "permission letter" does not allow the children to have a K-2 Visa. Whether anyone gets a VISA is a decision made by the U.S. Government through the Visa Petitioning Process which we all are going through at this time. Thus, the "permission letter" allows the child/children to leave that country AFTER they have been granted a VISA by the USA.

Best Wishes to You,

Franc

[FrancElsie 6]

By the way...when getting the passport, we were able to get the permission letter at the same time issued...it is a separate very official (although not all that fancy) piece of paper with Cedula information of both parents that stated that the daughter of my fiance had permission to go with either parent outside the country. They stamped it with a special 'sello' or seal from the immigration department. So, that way, there are not 2 processes you need to go thru..if you get the passport you can get permission to leave all at one time...Also, let me be clear...there was some discussion when we were talking to the immigration folks about what kind of permission was being granted...different options if you will. One choice was to have to get permission for every time the child left. Another choice was to have full rights to just the mother (father would not allow that). Another one was either parent (that is what we got). So, that is your challenge. Again, good luck!

Jeremy

Thanks Jeremy for your comments. The "father" only wants to "wash his hands" of this child/situation. He wants Elsie to sign off on all future support payments forever. IF she does this, he will do what is necessary to get a Passport for Elsie's son and sign off on the "permission" to leave Costa Rica. Your case/situation sounds a little different because BOTH parents seem to be involved in the life of your stepchild. That is not the case with us. So, good luck to you and keep me apprised to your situation.

Regards,

Franc

[FrancElsie 6]

there are other ways to use the money. VJ, TOS prevents me from details.

Congratulations on having 2,502+ postings on the VJ Forum. You must be very active on here...however, your posting did not help me whatsoever. I'm wondering why you bothered to post???

Buena Suerte con todos,

Franc