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Filed: Timeline
Posted (edited)

Ok I migraited to Canada from Jamaica...so when a friend asked me for advice regarding the US...I figured here would be the best place..as I assume alot of the laws are quite different.

One of my good friends has a young daughter...the daughter has a spiteful father who took her to court saying he was at home and could care for the child full time as my friend worked during the days.So he gets custody during the week. My friend has her on the weekends per court order however.

The father married a US citizen and now says he is taking the child abroad to the US...however my friend is freaking out because she does not want her child to leave and has not signed any papers. However because he has the majority of custody due to courts saying it was better for her to be with him as he was home during the day...she is worried he will get away with it. She has her visitation and has never given up rights to her daughter.

She feels if he goes to the US with the child she will never see her daughter again.

How can she stop this? What are options? What is the proceedure for a parent to take a child to the US? She is wondering if he forged documents and her signature...because if not..how is this happening?

If anyone can help and shed light on this..it would be greatly appreciated. I'm sure as a mother myself..I can't imagine the fear and agony she is going through trying to fight for her daughter. She is an excellent mother...unfortunatly things are not always fair in Jamaica.

Edited by Ash_113
Posted (edited)

The embassy would require the custody papers and a documents signed by the non-migrating parent giving the migrating parent the right and their permission for the child to migrate to the US with the migrating parent.

The mother needs to seek legal advise fom a lawyer concerning her legal physical custody rights to the child.

Edited by LIFE'SJOURNEY
Filed: Other Country: China
Timeline
Posted

Ok I migraited to Canada from Jamaica...so when a friend asked me for advice regarding the US...I figured here would be the best place..as I assume alot of the laws are quite different.

One of my good friends has a young daughter...the daughter has a spiteful father who took her to court saying he was at home and could care for the child full time as my friend worked during the days.So he gets custody during the week. My friend has her on the weekends per court order however.

The father married a US citizen and now says he is taking the child abroad to the US...however my friend is freaking out because she does not want her child to leave and has not signed any papers. However because he has the majority of custody due to courts saying it was better for her to be with him as he was home during the day...she is worried he will get away with it. She has her visitation and has never given up rights to her daughter.

She feels if he goes to the US with the child she will never see her daughter again.

How can she stop this? What are options? What is the proceedure for a parent to take a child to the US? She is wondering if he forged documents and her signature...because if not..how is this happening?

If anyone can help and shed light on this..it would be greatly appreciated. I'm sure as a mother myself..I can't imagine the fear and agony she is going through trying to fight for her daughter. She is an excellent mother...unfortunatly things are not always fair in Jamaica.

The father would need either her permission or a court order, allowing him to take the daughter out of Jamaica. She can withhold permission and/or fight against the court order in a court. She could also negotiate a visitation arrangement that required the child to come back for visits. Such arrangements are difficult to enforce though.

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