child custody after immigration

[p_a_m_i_e 0]

My brother & Sister in Law brought got a visa for her (mexican) son to come to the US but before they could get the visa teh Blood father had to go to atlanta and sign a form (I assume signing over parental rights to the mom so that the mom could bring him here leagally in her name) does anyone know if that is correct if the father has to go sign over rights to the mother and the petitioner before the child can be brought in under the mom's name? Now that the child is in the states the blood father wants child support and visitation rights but he has never met the child and is a horrible father and the boy is scared of him. Please help!

[LIFE'SJOURNEY 970]

Seek a Family Court lawyers advise.

[Ontarkie 14,433]

Where is the bio father living, from what I know from Canada and you will want to know about Mexico is that the father does not have to give up his rights for the child to immigrate to the US. All he has to do is give consent to allow the child to move. As for child support he would not get anything he would be the one paying if he never seen his son and does not have any type of custody like 50/50 type of thing. You do need to get a family law attorney involved, and also make sure the mother goes after back child support also. He then may back down if he is only trying to scam them for money, but I'm not sure where the father is since you said something about him going to Atlanta is the father a USC or living in the US?

[Jojo92122 1,924]

My brother & Sister in Law brought got a visa for her (mexican) son to come to the US but before they could get the visa teh Blood father had to go to atlanta and sign a form (I assume signing over parental rights to the mom so that the mom could bring him here leagally in her name) does anyone know if that is correct if the father has to go sign over rights to the mother and the petitioner before the child can be brought in under the mom's name? Now that the child is in the states the blood father wants child support and visitation rights but he has never met the child and is a horrible father and the boy is scared of him. Please help!

We have no idea what the father signed. It could be permission for the boy to immigrate to the US which does not terminate his parental rights, or he could have relinquished his parental rights. Your brother and his wife may need a family lawyer to help them understand what rights were given up.

The father is NOT entitled to child support because the child does not live with him. The child lives with the mother who financially supports him. The father is not supporting the child. The father wants a payola because he is greedy. No US court would ever grant him child support. If he wants child support, tell him to get a court order.

If the father has not given up his parental rights, then he is entitled to visit his child and have his child visit him. If the the mother interferes with those rights, then the father can go to family court.

The bottom line is that the mother has physical custody of the child in the US. If the father wants money or to visit, he can resort to the family court.