K-1 and children

[Ladyluck1 3]

I need advice, me and my fiancé want to start our K-1 journey this year and are beginning preparation as I want to be fully prepared before offically starting. My only biggest set back is I cannot find any help or advice on what I need to do in regards to my son. He will of course be coming with me and has a fantastic relationship with my fiancé and not much but the basics with his bio father. Could any help me on the steps I need to take in regards to addressing his father personally and legally about bringing my son with me.

I'm so lost and devastated that I can't even find who to contact for info.

Thank you please anything will help even steps people had to take within there own country could help me in contacting the right people in Ireland.

[Penguin_ie 5,997]

The biological father will need to give persmission for his son to leave Ireland, even if you have custody. Otherwise, the son will not be issued the K2 visa. If he is amenable, the easiest is to go to a solicitor together and have him sign a piece of paper stating this, and have it notarised. If the bio dad is NOT willing to do that (not even with incentives, such as you waiving child support or something...), then the only other option is to go to court, but Irish courts are unlikely to effectively remove access from one parent.

[Ladyluck1 3]

Thank you very much, my son is with me 6 and a half days a week, never spent a night with his dad since we broke up etc. he is with me always, his bio father did apply for guardianship with he was granted, but that was more just because he could ore then wanted too etc. Me and my fiancé have discussed this in full and do not wish to "take away" my son from his father as such and do plan on putting together a visit plan, Skype calls plan etc etc to give his bio father and the offer to cover costs for this or not except child support which would cover these cost etc, but he only pays this because he was order to do so, not any doing of my own but by the social welfare department. So not sure I can re arrange that considering. Either way he or I could use that money for plane tickets etc. I don't know how the courts work here, but my logical thinking makes me hope and believe that it is better for him to in America with me.

[baron555 934]

The biological father will need to give persmission

Written and notarized

for his son to leave Ireland, even if you have custody. Otherwise, the son will not be issued the K2 visa. If he is amenable, the easiest is to go to a solicitor together and have him sign a piece of paper stating this, and have it notarised. If the bio dad is NOT willing to do that (not even with incentives, such as you waiving child support or something...), then the only other option is to go to court, but Irish courts are unlikely to effectively remove access from one parent.

What's the child's age? If near 21, then the K-2 may not be available.

I's advised to get this letter taken care of before you file any petition; it is a deal breaker.

Edited January 16, 2014 by baron555

[Ladyluck1 3]

He will be 5 when we file.

And yes 100% agreed thats why I'm finding out now what I need to do as common sense tells me I need this sorted before filing. We have just returned from our last visit and my fiancé will be visiting again in April on his return back to US we will then hope to file so want to have it all in order and ready to go.