Father of US Citizen Stepchild Denies Signature

[Osvaldo 0]

Hello All -

I recently petitioned my wife and her daughter. I already received my NOA1. My wife and daughter are currently in the Dominican Republic. The father of my stepdaughter has resided in United States for the last 6 years. Before my marriage to my wife he would contact his daughter every 6 months or so. He has also never petitioned his daughter nor has been very involved in her life. As I understand; I will need his signature at some point in order the bring his daughter into the US. However; when he learned that I petitioned his (daughter who he has not seen in over a year). He immediately told my wife that was not going to allow any man to bring his daughter into the US and that he was not going to sign anything when the time comes. Neither my wife nor I would attempt to live in the US without the child and we are very worry that this will be in the way of our happiness. I actually care deeply about the child and find it very hard to believe that a father will behave in such a way, considering that if he does consent, his daughter will actually be closer to him and he will be able to see her a lot more often. Based on the above; can someone answer the following questions?

1- Is it a fact that his signature is required?

2- If it is required, at what point during the process is it required?

3- Considering that he resides in the US and the same city that his daughter will live in (meaning I am bringing his daughter closer to him, not taking her from him); is there a way that I can legally revoke the need of his signature? I say this because it is obvious to everyone involved that he is not concerned about the welfare of the child nor to be close to the child.

Thanks,

Oz

Edited October 11, 2010 by Osvaldo

[LotofPatience 65]

Hello All -

I recently petitioned my wife and her daughter. I already received my NOA1. My wife and daughter are currently in the Dominican Republic. The father of my stepdaughter has resided in United States for the last 6 years. Before my marriage to my wife he would contact his daughter every 6 months or so. He has also never petitioned his daughter nor has been very involved in her life. As I understand; I will need his signature at some point in order the bring his daughter into the US. However; when he learned that I petitioned his (daughter who he has not seen in over a year). He immediately told my wife that was not going to allow any man to bring his daughter into the US and that he was not going to sign anything when the time comes. Neither my wife nor I would attempt to live in the US without the child and we are very worry that this will be in the way of our happiness. I actually care deeply about the child and find it very hard to believe that a father will behave in such a way, considering that if he does consent, his daughter will actually be closer to him and he will be able to see her a lot more often. Based on the above; can someone answer the following questions?

1- Is if a fact that his signature is required?

2- If it is required, at what point during the process is it required?

3- Considering that he resides in the US and the same city that his daughter will live in (meaning I am bringing his daughter closer to him, not taking her from him); is there a way that I can legally revoke the need of his signature? I say this because it is obvious to everyone involved that he is not concerned about the welfare of the child nor to be close to the child.

Thanks,

Oz

When your wife and her ex legally divorced, what was the clause in child's custody? I mean both legal and physical custody?

Loto

[Osvaldo 0]

When your wife and her ex legally divorced, what was the clause in child's custody? I mean both legal and physical custody?

Loto

They were never married. They just lived together in Dominican Republic until the child was 1 year old. He then moved to the US and told my wife over the phone that they were braking up. The only legally binding decoument is the child's birth certificate were they are both declared as parents of the child.

[CanadianRedneck 8]

Well, he's probably not paying Child support..and if she comes to the United States..he'll get stuck paying child support..and I dont know how US immigration law is..but my son, from a previous relationship, has US and Canadian citizenship, just by nature of birth. That meaning, the Canadian government recognizes my son having Canadian citizenship based on my name, the father, being listed as his father on his birth certificate.

I was just wondering if the US government applies that status of citizenship as well. If so, then the case of petitioning for the step daughter would not be necessary as she would already be a US citizen. How old is your step daughter? I just re-read the post..and from what I gather, her father does not have US citizenship/naturalized american. He immigrated there..

well, as Loto says, if the mother has full custody..the father really can't do anything..but consult a family law attorney and immigration attorney would be the best bet..this case sounds very complicated. As for why the father wont sign..I think I might be dead onto his reasoning for not wanting to sign.

[LotofPatience 65]

They were never married. They just lived together in Dominican Republic until the child was 1 year old. He then moved to the US and told my wife over the phone that they were braking up. The only legally binding decoument is the child's birth certificate were they are both declared as parents of the child.

Osvaldo,

It looks like your wife needs the legal permission from her ex for the child to immigrate to the U.S. Yes, you need to talk to a family and/or immigration attorney about the same.

When we got divorced, I had given the sole legal and physical custody of the child to my ex, based on her demand. So, she is now taking the child anywhere without my further permission. But I have visitation rights on him and I pay the child support as well.

Loto

[Osvaldo 0]

Thanks for your replies. My stepdaughter is 7 years old now. Her father is not paying child support in the Dominican Republic. As far as US citizenship; he is not a US citizen, he is a green card holder. As such, the child does not automatically get admittance into the US. My wife does have full custody. I am planing to consult a lawyer, however I am hopeful that maybe someone experienced with this type of situation can shine enough light to perhaps keep me from having to hire a lawyer which can sometimes be very costly.

[LotofPatience 65]

Thanks for your replies. My stepdaughter is 7 years old now. Her father is not paying child support in the Dominican Republic. As far as US citizenship; he is not a US citizen, he is a green card holder. As such, the child does not automatically get admittance into the US. My wife does have full custody. I am planing to consult a lawyer, however I am hopeful that maybe someone experienced with this type of situation can shine enough light to perhaps keep me from having to hire a lawyer which can sometimes be very costly.

Wait.

What does that mean - your wife has full custody? Was it executed legally in the court?

Loto

[Osvaldo 0]

Wait.

What does that mean - your wife has full custody? Was it executed legally in the court?

Loto

You are right; it was not lawfully executed in a court. It is just that she has been raising the child without the father help for the last 6 years. So I take back the part about having full custody.

[Osvaldo 0]

...

Edited October 11, 2010 by Osvaldo

[LotofPatience 65]

You are right; it was not lawfully executed in a court. It is just that she has been raising the child without the father help for the last 6 years. So I take back the part about having full custody.

Based on this scenario, I feel that your wife needs ex's legal permission to take the child outside her country.

Some attorneys will give first hour for free consultation. so, try it out.

Loto

[CanadianRedneck 8]

I had my son out of wedlock..as dictated by Ohio law..unmarried parents of a child, the mother automatically retains full custody..if that's the case there..you're home free. Find that out before you get into anything deeper.

[LotofPatience 65]

I had my son out of wedlock..as dictated by Ohio law..unmarried parents of a child, the mother automatically retains full custody..if that's the case there..you're home free. Find that out before you get into anything deeper.

This is a good point, CanadianRedneck

OP, Check similar case is true in your wife's country as well.

Loto

[Osvaldo 0]

This is a good point, CanadianRedneck

OP, Check similar case is true in your wife's country as well.

Loto

@ CanadianRedneck; that is a very good point I called my wife and asked her to find out if that is the case in the Dominican Republic. Again, thanks for everyone's advice, and if there is someone with this same experience with a Dominican spouse or Dominican/US law, I would love to hear about your experience. Especially if it was successful!

[Azzudiin 26]

The father does not care about the child, he is going to do whatever it takes to keep daugther out of the USA so he does not have to pay child support.

You need attorney on this case.

[Casprd 167]

If your wife has physical custody and he is not supporting the child then there is a good chance that the courts will say he has abandoned the child and then you won't need his permission for anything. Definately consult an attorney in DR who is versed in Family Law for this.