Son here WITH signed consent from biological mother but now she has changed her mind

[HollyDiaz 1]

Hello! Please help with any info if you can. My husband brought his son to the US on a k2 visa with signed consent from the biological mother. The child does not have AOS yet and his mother decided she wants him back. What are our options? She consented but can she just change her mind? 

 

Thanks! 

[Shiobhan 235]

Yes she can, what sparked the change, have she been afforded

regular communications with the child, is she been treated with

respect, has the child made a complaint to her that left her uneasy,

or is she just missing the child and remorseful she  signed, you ought

to step back and allow the parent to get to an amicable decision.

Plan B could be to let the child spend summers with mother after

aos and GC issued, so the mother does not feel as if she has been

replaced.

[Unlockable 7,315]

Don't know if it will impact the son's immigration status but if she is adamant it can become a legal issue that will likely cause a lot of time, stress, and money.

 

Best to figure out the reasons for change of mind so you can understand if it is reasonable.

[HollyDiaz 1]

Thank you both or your responses! My husband believes its out of jealousy only because his son is thriving here. He was extremely under weight when he arrived for a 2 year old but is now in the normal range. We let them talk on the phone and video chat -even when he doeant want to (he is 3 so sometimes its difficult). We also send photos to both the mother, grandmother, and other relatives. We would also love for him to take vacation there to see her once he has residency. I believe she feats he will forget her, even though we are not letting that happen! 

[KierenHby 899]

Does written consent legally override the child custody agreement between parents? 

[Boiler 46,125]

She can certainly ask but then it would be up to the father to agree or not. From a practical point of view the child is here. What is she going to do?

[Jawaree 718]

A bond with a mother should never be messed with, yes the lady

is a bit jealous any parent would be for at that age they 4get if

they are not shown pictures & given a heavy dose of mom info.

Of course a 3 yr old attention span will not be held for long,

Most who arrives in the US thin gains weight. Think of the kid do

not get into disagreements. and keep the communication lines open

[USC1961 251]

 

15 hours ago, Shiobhan said:

Yes she can, what sparked the change, have she been afforded

regular communications with the child, is she been treated with

respect, has the child made a complaint to her that left her uneasy,

or is she just missing the child and remorseful she  signed, you ought

to step back and allow the parent to get to an amicable decision.

Plan B could be to let the child spend summers with mother after

aos and GC issued, so the mother does not feel as if she has been

replaced.

Not exactly...of course she "can" change her mind, but legally she already signed the document.  And since he is already here it's not like you can take it back willy nilly.  Albeit it is understandable how you can miss a child, so like others have advised, try to smooth relations with the mom as much as possible.  OP, I would explain to the Mom that she is Mom still and that you aren't going to replace her as that.  Also explain you've already spent a lot of time and money to help son and after aos you will be willing to make arrangements to make everyone feel better about the situation.  As it stands now the Mom already made her decision and she at least needs to live by that agreement at least for a little while.  Just my view on it.

[HollyDiaz 1]

14 hours ago, KierenHby said:

Does written consent legally override the child custody agreement between parents? 

I honestly have no idea. We have reached out to a family friend thatvis a lawyer in DR. Hopefully he can answer this quest5iin! Thank you! 

[HollyDiaz 1]

2 hours ago, Cruise77 said:

 

Not exactly...of course she "can" change her mind, but legally she already signed the document.  And since he is already here it's not like you can take it back willy nilly.  Albeit it is understandable how you can miss a child, so like others have advised, try to smooth relations with the mom as much as possible.  OP, I would explain to the Mom that she is Mom still and that you aren't going to replace her as that.  Also explain you've already spent a lot of time and money to help son and after aos you will be willing to make arrangements to make everyone feel better about the situation.  As it stands now the Mom already made her decision and she at least needs to live by that agreement at least for a little while.  Just my view on it.

Thank you! We are trying to reach out to her and her family. I want her to be sure that Im not replacimg her. Her son calls me by my first name and we always talk to him about his mom. Hopefully this conversation can lead to an agreement about to aos as you said! Thanks

[HollyDiaz 1]

7 hours ago, Jawaree said:

A bond with a mother should never be messed with, yes the lady

is a bit jealous any parent would be for at that age they 4get if

they are not shown pictures & given a heavy dose of mom info.

Of course a 3 yr old attention span will not be held for long,

Most who arrives in the US thin gains weight. Think of the kid do

not get into disagreements. and keep the communication lines open

I completely agree that it would be hard and that both ends need to communicate. We are making sure to talk to him every night aboit his mom and grandmother, show pictures, let them talk. Thanks for your reply! 

[HollyDiaz 1]

17 hours ago, NuestraUnion said:

Don't know if it will impact the son's immigration status but if she is adamant it can become a legal issue that will likely cause a lot of time, stress, and money.

 

Best to figure out the reasons for change of mind so you can understand if it is reasonable.

Yeah, I tjink she visited a court yesterday and said she would email us the paperwork. I can let you all know what it says. The conversation was cut short by a man threatening my husband. We will continue to try to get this communication line back to normal! Thanks for your response! 

[HollyDiaz 1]

13 hours ago, Boiler said:

She can certainly ask but then it would be up to the father to agree or not. From a practical point of view the child is here. What is she going to do?

Yeah...thats what we also have thought. She signed consent, took him for all the medical appointments and interview, and then brought him to his father to leave for the US. Im just curious if anyone has been in this situation and how it ended. So upsetting for both sides. Thanks so Much!

[Georgia16 2,858]

Does the mom have a visitor visa? 

 

Maybe it would be good for her to come and visit and see how and where her son lives and that he is doing good. 

[HollyDiaz 1]

3 minutes ago, Georgia16 said:

Does the mom have a visitor visa? 

 

Maybe it would be good for her to come and visit and see how and where her son lives and that he is doing good. 

At this point she doesnt have one for the US. She decided to get a visitor visa to a different country for vacation and now will have to go through the entire process again for the US. I AGREE, that would be helpful!