I need help

[laferrierem 0]

Hello

I am currently trying to find a way to get my step son to the united states. I married his mother when he was 3 years old (he is now 11). His mother and biological father were never married so there is no divorce certificate but the biological fathers name is on the birth certificate.

His mother has custody of him though nothing legally written stating so. The trouble we are running into is that the biological father refuses to sign travel documents for our son even though he has had very little contact with him his whole life. Is there anything we can do legally to get him here with out having to deal with the biological father?

We approached him 3 times already in the past when he said he was willing to only for him to change his mind or make absurd demands. What can we do?

My wife is currently here in the US with me and her our son is currently residing with his maternal grandmother whom we send financial support to. We are in contact with him 3-4 times weekly as well.

Any help or advice is greatly appreciated.

Sincerely,

Marcos A LaFerriere

[Cesar & Cata 35]

Hello

I am currently trying to find a way to get my step son to the united states. I married his mother when he was 3 years old (he is now 11). His mother and biological father were never married so there is no divorce certificate but the biological fathers name is on the birth certificate.

His mother has custody of him though nothing legally written stating so. The trouble we are running into is that the biological father refuses to sign travel documents for our son even though he has had very little contact with him his whole life. Is there anything we can do legally to get him here with out having to deal with the biological father?

We approached him 3 times already in the past when he said he was willing to only for him to change his mind or make absurd demands. What can we do?

My wife is currently here in the US with me and her our son is currently residing with his maternal grandmother whom we send financial support to. We are in contact with him 3-4 times weekly as well.

Any help or advice is greatly appreciated.

Sincerely,

Marcos A LaFerriere

You will most likely need a family lawyer in the country where the child resides since it is local laws that will protect its citizens.

[aaron2020 11,651]

Hello

I am currently trying to find a way to get my step son to the united states. I married his mother when he was 3 years old (he is now 11). His mother and biological father were never married so there is no divorce certificate but the biological fathers name is on the birth certificate.

His mother has custody of him though nothing legally written stating so. The trouble we are running into is that the biological father refuses to sign travel documents for our son even though he has had very little contact with him his whole life. Is there anything we can do legally to get him here with out having to deal with the biological father? No. He's the father. He has parental rights. You can't ignore it. Only a court order would override his parental objections. A court case overriding his parental authority or to terminate his parental authority will involve him.

We approached him 3 times already in the past when he said he was willing to only for him to change his mind or make absurd demands. What can we do? Pay him or take him to court to override his decision.

My wife is currently here in the US with me and her our son is currently residing with his maternal grandmother whom we send financial support to. We are in contact with him 3-4 times weekly as well.

Any help or advice is greatly appreciated.

Sincerely,

Marcos A LaFerriere

He's the father. It doesn't matter that he has had no contact with his son. Your wife has done nothing legally to terminate his parental rights. He's still the father who can make legal decisions for his son; including immigrating to the US.

There is nothing you can do that doesn't involve the father.

You can pay him off to so he will allow his son to immigrate to the US, or you can sue to terminate his parental rights. Those are your two options. Suing may be the more expensive of the two options.

Here are some common tactics in your situation;

1. Pay off dear old dad so he allows his son to immigrate to the US.

2. Threaten to sue dad for child support for the past 11 years and for the next 7 years. This may motivate him to sign the release to allow his son to immigrate to the US.

3. Bring in his family and community, they can help pressure him into signing the release.

4. Get a laywer and sue him.

[reese1 68]

The only legal way is to go to court and get sole legal and physical custody. It is time consuming in the U.S. to get this. Not sure about there, and if the father intervenes in the process it can make it even more drawn out.

[aaron2020 11,651]

The only legal way is to go to court and get sole legal and physical custody. It is time consuming in the U.S. to get this. Not sure about there, and if the father intervenes in the process it can make it even more drawn out.

If the father intervenes?????? If they sue to terminate the father's parental rights, the father is involved. He is an essential part of the case. If he wants to fight, it is his choice. How can the father not "intervene" when he is being sued???

[reese1 68]

If the father intervenes?????? If they sue to terminate the father's parental rights, the father is involved. He is an essential part of the case. If he wants to fight, it is his choice. How can the father not "intervene" when he is being sued???

Simple, he can not respond or show up to the court proceedings. I don't know about in the country the OP is referring to but in the U.S. it is not that easy to terminate the parents parental rights, the courts will give sole physical and legal custody before they will terminate parental rights especially if he is showing up for the hearings. There has to be more to it than just the parent has been neglectful in his time and financial support. To not intervene I mean him not showing up for the court proceeding at all, therefore the mother would more than likely get what ever arrangement she was seeking. If he shows up regardless of what his lack of contact may be with his child, the courts are going to hear him out resulting in the case that could have been settled in a short time, being drawn out. Of course the father has the choice and right to fight the proceedings, even if his motives are not for the right reasons.

[Brother Hesekiel 2,236]

Three options:

1) file for sole custody, which is a bit difficult if mommy abandoned her son and already moved to another galaxy far far away

2) pay him off

3) have some nice men visit him with baseball bats and a knife and have him sign the papers or otherwise

Of course, number 2 and 3 are illegal, so I cannot suggest that.

Edited December 14, 2012 by Brother Hesekiel

[apple21 953]

Mom should go back to Honduras and file for sole custody.

[sancruz 26]

I agree that you should try to meet his (biological dad's) demands. I'm assuming he is probably wanting money. It would probably be cheaper to give him what he wants than to fight in court for custody unless like someone said earlier he just doesnt appear in court to protest. But again like someone else said you might even have problems with that if the judge doesnt look well on your wife for leaving the country without her child. I am in the process of petitioning for my stepdaughter and it has been hard to get all documentation needed even with the help and consent from the biological mom. Good luck. I hope things work out for you and your family. I'm sure your stepson misses his mom very much.