Legal Guardianship/Adoption of CR2 Stepchildren

[rrsanford 0]

Greetings all,

I am just starting to look into becoming a legal guardian of my wonderful Ukrainian daughter (7 years old). Apparently I have no rights as her step parent even though her biological father is across the globe. My wife is concerned that if something were to happen to her, that she'd be deported and sent to her father. Ukrainian law is slow and not intuitive. The process could take several painful years, which we are willing to do, but I believe legal guardianship is enough to protect my stepdaughter's interests and put my wife's worries to rest. Fortunately, my wife seems to think that her ex-husband will play nice and go along with the proceedings to our favor--I am not as confident in that as she is. However, I'd like to know if anyone has gone through something like this and applied for legal guardianship of a minor after the wife and child legally entered the US on a CR1/2 visa. What do I need to do?

Thank in advance for your help!

[Ontarkie 14,509]

Without terminating the fathers parental rights she goes back to dad if something happens to mom. Legal guardian will not override dads parental rights.

[Ontarkie 14,509]

~~Moved to Moving to the US and Your New Life, from General Immigration - As this is more of Family law in the Ukraine and US vs immigration.~~

[Unlockable 7,315]

Even if he is across the globe he still has parental rights. Seek legal counsel specializing in family matters.

[MADDEN 40]

What about legally adopting the child?

This is the route my husband and I are looking at for my 9 year old daughter.

As the above posters have stated legal guardianship would not stop the father from removing the child from the States back to his home country however the courts would look at how much communication he has maintained with the child, if any type of child support is being paid and how often he saw the child when she lived in her home country. The courts now days are also much better at placing the child where and with who they want to be with, tho upon saying that it is usually with the other parent.

Another thing to consider is to have her mother state in her Will her wishes for whom the child is to remain with, once again tho the father could contest this through the courts.

Good luck.

[Unlockable 7,315]

What about legally adopting the child?

This is the route my husband and I are looking at for my 9 year old daughter.

As the above posters have stated legal guardianship would not stop the father from removing the child from the States back to his home country however the courts would look at how much communication he has maintained with the child, if any type of child support is being paid and how often he saw the child when she lived in her home country. The courts now days are also much better at placing the child where and with who they want to be with, tho upon saying that it is usually with the other parent.

Another thing to consider is to have her mother state in her Will her wishes for whom the child is to remain with, once again tho the father could contest this through the courts.

Good luck.

Yes but you are referring to US courts. There is another country involved. And if, God forbids, something happens to the mother, the US would likely abide by other country's family laws.

Google Elian Gonzalez

[Ontarkie 14,509]

Yes but you are referring to US courts. There is another country involved. And if, God forbids, something happens to the mother, the US would likely abide by other country's family laws.

Google Elian Gonzalez

This exactly. The US will honour the birth country's laws.

I know how the feeling your wife is having. I moved here with 4 kids from a previous marriage. It was a bad marriage and he was a terrible father. The only time he was home was when he was out of money to drink them made our life a living hell. No way did I want him to get the kids if something ever happened to me. For him they would mean a bigger check (he is now on disability) and more money to drink with. We looked into having my husband adopt the kids but Canada makes it next to impossible to remove parental rights. It would have been a long horrible battle. We just left things as they were, he has nothing to do with the kids. Has not contacted them in 9 yrs (he didn't talk to them when he was 5 mins away form us).

Now the are all over 18 and I no longer have to worry about it but it was very stressful. I hope you're able to find something to work for you.

[MADDEN 40]

Yes but you are referring to US courts. There is another country involved. And if, God forbids, something happens to the mother, the US would likely abide by other country's family laws.

Google Elian Gonzalez

My lawyer told me that the courts follow the laws of the country that the child resides in, not where the father lives.

This was the advice I was given as my child was born in the UK but we left to return to my home country Australia with out her father. This was also reaffirmed by a lawyer here in the States.

So I guess the best advice would be for the OP to do his own research and get the best advice on his options.

[Unlockable 7,315]

My lawyer told me that the courts follow the laws of the country that the child resides in, not where the father lives.

This was the advice I was given as my child was born in the UK but we left to return to my home country Australia with out her father. This was also reaffirmed by a lawyer here in the States.

So I guess the best advice would be for the OP to do his own research and get the best advice on his options.

Yes, but are still alive (at least I hope you are and not a ghost writing on this forum, ) and have custody. the OP is asking in case there is a death to the mother.

But we are in agreement that the Op should do his own research.

[Ontarkie 14,509]

My lawyer told me that the courts follow the laws of the country that the child resides in, not where the father lives.

This was the advice I was given as my child was born in the UK but we left to return to my home country Australia with out her father. This was also reaffirmed by a lawyer here in the States.

So I guess the best advice would be for the OP to do his own research and get the best advice on his options.

I consult a few more lawyers. I spoke to multiple lawyers in the US and in Canada. Canadian laws will always be the ones that follow.

It's also why we need a letter of consent to move the kids to the US.

One thing to note though is how is custody in the UK handled? If the father never had any rights for some reason or another then another court is not overstepping their jurisdiction.

Edited June 21, 2016 by Ontarkie