Filing for Custody in Another Country

[Fernandez19 1]

My husband and I brought my stepdaughter of 3 years old to the US on a K2 visa. Her mother agreed for her daughter to come her and signed the poder(permission) for her to leave the country. We discussed everything with her about this process and how it would take time and she would have to reside here. She has only been here 3 weeks.

She has now decided that she wants us to abandon this case and send her daughter back immediately. She says that she went to a lawyer who told her she could abandon this case and if my husband really wanted to help her, he could do it when he becomes a citizen, and that the US would forgive her because she is a child. So needless to say, she's demanding that we send her back for good, and that when my husband has citizenship then she could come here for vacations.

We have already spent money on getting her here and are about to adjust status. However, we're considering on fighting for custody so that she can remain here and visit her mothers every summer. Does anybody know what procedures we should take or been through anything similar to this?

I explained the whole process to her, except she was under the assumption that upon receiving her residency, that she could file for a permit for her to stay in DR for 2 yr.'s without being penalized for it. I didn't suggest this or mention it ever, she heard this from a friend. So now that she went the lawyer and he told her that it couldn't be done immediately, because she is receiving a conditional residency she wants us to stop everything we're doing!

We don't have custody of her, the only thing that she signed was a poder. We are trying to convince her to come into an agreement, in where my stepdaughter could remain here and go to school here in the meantime. She is going to be 4 years old next month and could attend Pre-K. Then upon receiving permanent residency then filing for her to stay in DR for 2 years to study and renewing the permit for her to stay for another 2 years.

Has anybody been through a case similar to this regarding a K2?

[aaron2020 11,651]

This is not an immigration matter. It's a civil matter for the family court.

As far as the US is concern, mom gave up custody to allow the child to immigrate to the US. Common sense tells us that mom can't have legal custody of a child she allowed to PERMANENTLY IMMIGRATE to another country that she is not allowed to live in. She transferred custody to dad when she signed the poder.

The potential problem is the laws of the child's home country. You will want to get a local lawyer to fight mom's custody claim by pointing out that she gave written permission to allow her child to PERMANENTLY IMMIGRATE to the US.

Edited February 16, 2013 by aaron2020

[VanessaTony 3,567]

She's already given custody to the dad.. but speak to a family lawyer. i would also NOT permit the child to visit DR until you have something set up because she could try and keep the kid.

As for the "permit". It's a re-entry permit, she CAN get one on a conditional GC, and yes it allows her to stay out for up to 2 years but even with a 10 year GC her status would still be at risk. You could re-new it after the first one expires but again, it puts her status at risk. She could have her GC revoked.

This isn't really an immigration matter, it's not even really a family law matter yet, she's already given up custody.

[Fernandez19 1]

She's already given custody to the dad.. but speak to a family lawyer. i would also NOT permit the child to visit DR until you have something set up because she could try and keep the kid.

As for the "permit". It's a re-entry permit, she CAN get one on a conditional GC, and yes it allows her to stay out for up to 2 years but even with a 10 year GC her status would still be at risk. You could re-new it after the first one expires but again, it puts her status at risk. She could have her GC revoked.

This isn't really an immigration matter, it's not even really a family law matter yet, she's already given up custody.

Yes, today she told my husband that she would have her lawyer call him this week because he doesn't want to send her back.. and I'm telling her we could send her with her Green card, to let us finish this process..

and the original plan was for her to be here for a longer period of time and travel for vacation over there, but she has now decided that she doesn't want her to live here, so that's the reason why we were even considering the permit.

It's just complicated because we know that if we send her for vacation, her mother won't send her back.

[Fernandez19 1]

Update: The mother has sent a letter to the Dominican consulate. I received a call from the Dominican consulate in NYC and they have told us that the mother claims she has no communication with her daughter and would like her daughter returned to Dominican Republic. They want us to go to NYC to the Dominican consulate.. Has anyone ever had a situation like this?

[aaron2020 11,651]

Update: The mother has sent a letter to the Dominican consulate. I received a call from the Dominican consulate in NYC and they have told us that the mother claims she has no communication with her daughter and would like her daughter returned to Dominican Republic. They want us to go to NYC to the Dominican consulate.. Has anyone ever had a situation like this?

Don't know anything but just though I post my dome thoughts.

Get a lawyer. If mom is saying she has no contact with her daughter, she may be saying other things too. Things like kidnapping, etc. get a lawyer to protect yourself.

The DR consulate is not US territory. Be careful going there. Not trying to scare u - but what guarantees do you have that your daughter will be allowed to leave with you? Be kinda mess up I the Consulate applies DR laws to one of its citizen and sends her to the DR.

Be careful.

[Fernandez19 1]

Don't know anything but just though I post my dome thoughts.

Get a lawyer. If mom is saying she has no contact with her daughter, she may be saying other things too. Things like kidnapping, etc. get a lawyer to protect yourself.

The DR consulate is not US territory. Be careful going there. Not trying to scare u - but what guarantees do you have that your daughter will be allowed to leave with you? Be kinda mess up I the Consulate applies DR laws to one of its citizen and sends her to the DR.

Be careful.

It's the DR consulate in NYC that is contacting us. She has contacted to DR consulate in Dominican Republic but the one in NY is contacting us.. So now they would like us to go to NYC so that we could talk and they could have it for their records that we showed up. she said we must come into an agreement and recommended my husband send her back because this will always be a problem. So I told my husband and he doesn't want to give into that.

[aaron2020 11,651]

The DR Consulate in NYC is considered foreign soil. What if the consulate decide to take custody of her and send her back to the DR? There may be nothin the US can do to prevent her from being sent back to the PR.

Personally, I would go. The consulate can send a representative to meet her outside of the consulate grounds. The DR can't act outside, they cannot take custody of her.

Edited June 1, 2013 by aaron2020

[Fernandez19 1]

Ok, thanks for the heads up. We are looking into getting a lawyer as we understand this could all just get really messy!!