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

[Georgia16 2,858]

Just now, HollyDiaz said:

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! 

Okay hopefully she will get it. I'm a mom and I would think it would help a lot if she can come and see him there.

[HollyDiaz 1]

1 minute ago, Georgia16 said:

Okay hopefully she will get it. I'm a mom and I would think it would help a lot if she can come and see him there.

I couldnt agree more! In the end we would like for both of them (mother and son) to be able to go back and forth to visit one another! Even the grandmas if possible! 

[Georgia16 2,858]

3 minutes ago, HollyDiaz said:

I couldnt agree more! In the end we would like for both of them (mother and son) to be able to go back and forth to visit one another! Even the grandmas if possible! 

Yes that would be great. but a good relationship between you guys have to be in order for this to happen so it does not end up with them keeping him in home country. So to begin with I would make it clear that she is always welcome to come and see him and while she is there take part of the daily things around him and that you guys when AOS is done will come to home country and visit with the child so she can see him there and grandmother also... It's really a fine line but it is so important that she still feels like she is part of his live and decisions around him. 

[IcezMan_IcezLady 582]

3 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.

I am not a lawyer but I hope you guys will talk to one. Because even though she signed the document, she didn't relinquish her parental rights. it is not like a "closed adoption". I just used that as an example.

But talk to a lawyer to see your options. In the meantime, hopefully, the child's father can do some persuasion to calm her down.

It sounds to me that someone somewhere has said something to her. I don't believe that she would that jealous of her own child or of you to this extend. She agreed to let the child come. If she was jealous, she wouldn't have agreed in the first place.

 

Someone is 'talking into her ears'.

[Toxiichoney 11]

I have a friend that gave permission to her ex to take the child to the USA from the Dominican Republic, he didn't bring back the child when she request him to so she charge him with kidnapping even though  she sign, she didn't give him up for adoption or custody just for visit so check to see what they agree on and for how long.. I believe my friend ex intentions where to never return the child, she hasn't seen her daughter in over 13 years   

[IcezMan_IcezLady 582]

19 minutes ago, Toxiichoney said:

I have a friend that gave permission to her ex to take the child to the USA from the Dominican Republic, he didn't bring back the child when she request him to so she charge him with kidnapping even though  she sign, she didn't give him up for adoption or custody just for visit so check to see what they agree on and for how long.. I believe my friend ex intentions where to never return the child, she hasn't seen her daughter in over 13 years   

that's exactly my thought.. The signed agreement wasn't for her to give up her parental rights so OP should definitely talk to a lawyer if it comes to it but reassuring the mother that the child will come for visits during school breaks will help her calm down.

[Unlockable 7,315]

2 hours ago, HollyDiaz said:

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! 

 

From an immigration standpoint you are covered. You and your husband haven't done anything wrong. This seems like it will be more of a family drama issue than anything else. 

 

I agree to extend an olive branch to her. Also, lawyer up yourself to cya. Good luck to you.

[Chardon Ne' 71]

From my experience as a child welfare worker, she has to withdraw her consent legally. In order to do that she would have to show that the child is somehow being mistreated. Unfortunately missing the child is not enough. She did not have to give permission based on her custodial status she had to give permission based on the fact that she is his parent. Even if she had physical custody, and she wanted to travel with her child she would be required to obtain the non custodial parents' permission to do so. In the US the custodial parent is the one who actually has physical custody of the child unless there is a court order stating otherwise. My suggestion is to not stress yourself out about it, take comfort in the fact that legally you are doing nothing wrong and continue with your plans as waiting will delay the AOS process, which will delay the ability for the child to visit his mom, so you guys can prove your intent.  Sometimes trying to explain something to someone who is operating on emotions can create an atmosphere of unhappiness for all involved, it is better to show them. Best of luck hope it all works out. 

[Georgia16 2,858]

3 minutes ago, Chardon Ne' said:

From my experience as a child welfare worker, she has to withdraw her consent legally. In order to do that she would have to show that the child is somehow being mistreated. Unfortunately missing the child is not enough. She did not have to give permission based on her custodial status she had to give permission based on the fact that she is his parent. Even if she had physical custody, and she wanted to travel with her child she would be required to obtain the non custodial parents' permission to do so. In the US the custodial parent is the one who actually has physical custody of the child unless there is a court order stating otherwise. My suggestion is to not stress yourself out about it, take comfort in the fact that legally you are doing nothing wrong and continue with your plans as waiting will delay the AOS process, which will delay the ability for the child to visit his mom, so you guys can prove your intent.  Sometimes trying to explain something to someone who is operating on emotions can create an atmosphere of unhappiness for all involved, it is better to show them. Best of luck hope it all works out. 

Just to confirm you are meaning this as a US rule?

[Chardon Ne' 71]

6 minutes ago, Georgia16 said:

Just to confirm you are meaning this as a US rule?

No this is actually the case also in the Dominican republic, and most countries...  A simple google search would have clarified that. Thanks.

• Note: If minor child does not reside with parents, parents must provide a notarized affidavit authorizing the minor’s legal guardians to complete the passport process. If minor does not live with both parents, the noncustodial parent must grant permission (a notarized Affidavit) for the child to be issued a passport.

http://www.consulatedrwest.com/en/services/passports#issuance_of_1st_passport_minors

[Georgia16 2,858]

5 minutes ago, Chardon Ne' said:

No this is actually the case also in the Dominican republic, and most countries...  A simple google search would have clarified that. Thanks.

• Note: If minor child does not reside with parents, parents must provide a notarized affidavit authorizing the minor’s legal guardians to complete the passport process. If minor does not live with both parents, the noncustodial parent must grant permission (a notarized Affidavit) for the child to be issued a passport.

http://www.consulatedrwest.com/en/services/passports#issuance_of_1st_passport_minors

I'm just trying to say it's not all places that it's needed neither for the passport. Might be for US and also where OP's step-child is from I don't know they should deff. check into that. (I have seen you put the link in)

Edited February 21, 2017 by Georgia16

[Chardon Ne' 71]

8 minutes ago, Georgia16 said:

I'm just trying to say it's not all places that it's needed neither for the passport. Might be for US and also where OP's step-child is from I don't know they should deff. check into that. (I have seen you put the link in)

Many countries require that because they dont want to get involved in custody issues. Im not sure if you remember the case of Elian Gonzalez? It changed a lot of things in regards to immigration and minors. 

[Georgia16 2,858]

Just now, Chardon Ne' said:

Many countries require that because they dont want to get involved in custody issues. Im not sure if you remember the case of Elian Gonzalez? It changed a lot of things in regards to immigration and minors. 

I know that my point was that you made it sounds like it was all over and it isn't.

 

We better stop tis off topic so OP can get her questions answered.

[HollyDiaz 1]

22 hours ago, IcezMan_IcezLady said:

I am not a lawyer but I hope you guys will talk to one. Because even though she signed the document, she didn't relinquish her parental rights. it is not like a "closed adoption". I just used that as an example.

But talk to a lawyer to see your options. In the meantime, hopefully, the child's father can do some persuasion to calm her down.

It sounds to me that someone somewhere has said something to her. I don't believe that she would that jealous of her own child or of you to this extend. She agreed to let the child come. If she was jealous, she wouldn't have agreed in the first place.

 

Someone is 'talking into her ears'.

You know we also instantly thought "what did someone say"! I really believe this might be the case! We contacted our lawyer in DR and he is looking into it for us. Thanks for your reply! 

[HollyDiaz 1]

19 hours ago, Chardon Ne' said:

No this is actually the case also in the Dominican republic, and most countries...  A simple google search would have clarified that. Thanks.

• Note: If minor child does not reside with parents, parents must provide a notarized affidavit authorizing the minor’s legal guardians to complete the passport process. If minor does not live with both parents, the noncustodial parent must grant permission (a notarized Affidavit) for the child to be issued a passport.

http://www.consulatedrwest.com/en/services/passports#issuance_of_1st_passport_minors

Hello! Yes, we have her signed consent which was legalized in the Dominican Republic and sent to the US Consulate. She also signed the medical releases, the police affidavit, and the agreement for travel. Her signature is on both the passport and US visa. Does that answer your question?