Step child parent not wanting child to go to US

[jeanita68 231]

My husband is from the Dominican Republic and just got approved for i130 and will arrive here in the US on September 1st. We already started the process for his 9 yr old daughter to join us and her case is at NVC and we hoping to have her here by Christmas. His daughter is currently living with her grandmother, her mothers mom. Her mother has been living in another country since the child was 2yrs old. And only comes to visit every other yr. my husband has been the only parent she knows and he sees her daily and provides everything she needs. Now the mother heard about him going to the US and will be bringing the child. She immediately called him and said he can not take her to live in the US. What can we do? She doesn’t even live in the same country and barley sees the child. The my step daughter has been crying her heart out? My husband is devastated? Can he get full custody? Has anyone in DR had to get custody of a child? How do we go about it? Any advice? Thanks 🙏🏾 

[geowrian 22,338]

You will need either permission from the parent or a court order. If they aren't willing to give permission, time to start looking at the court order.

[SusieQQQ 11,587]

You need to speak to family lawyer in DR. This is a domestic DR issue to be sorted out before it is an immigration issue.

[Boiler 46,025]

Negotiate?

[Pinkrlion 2,724]

It is not an uncommon practice for the mother to be out of the country working and the child is left with someone else to care. That does not negate her parental rights.  If she does not want her to immigrate because she will not be able to see her child. She is living with the biological mother's mother so she is still in her life.  Also, it sounds like he is not the custodial parent, if she is not living with him. 

 

Mom has the right to refuse. 

 

 

[jeanita68 231]

31 minutes ago, Boiler said:

Negotiate?

We tried and the mother said she can only come to the US for visits but not to live. 

[jeanita68 231]

41 minutes ago, geowrian said:

You will need either permission from the parent or a court order. If they aren't willing to give permission, time to start looking at the court order.

What if we just proceed with the process and get her visa and take her anyway?

[geowrian 22,338]

6 minutes ago, jeanita68 said:

What if we just proceed with the process and get her visa and take her anyway?

Assuming you can somehow even get her out of the country...that's international child abduction.

[Crazy Cat 42,209]

7 minutes ago, jeanita68 said:

What if we just proceed with the process and get her visa and take her anyway?

US immigration won't allow that.....You could be charged with  kidnapping........or human smuggling....

[Boiler 46,025]

17 minutes ago, jeanita68 said:

We tried and the mother said she can only come to the US for visits but not to live. 

That sounds reasonable.

[Pinkrlion 2,724]

17 minutes ago, jeanita68 said:

What if we just proceed with the process and get her visa and take her anyway?

You both will be charged with any of the following: kidnapping, human trafficking, child abduction. He will then be deported and banned from the US after serving jail time. 

[Pinkrlion 2,724]

7 minutes ago, Boiler said:

That sounds reasonable.

Agree

[Pinkrlion 2,724]

26 minutes ago, jeanita68 said:

We tried and the mother said she can only come to the US for visits but not to live. 

You need to look at it from a mother's view. You would not want someone to take your child and you can never see her again. 

[Andy & Val 494]

44 minutes ago, jeanita68 said:

What if we just proceed with the process and get her visa and take her anyway?

I know of a situation like what you just suggested above.

Needless to say it didn't end well.

 

It resulted in a corpse and a jail sentence.

That might have been one of the few extreme cases, but DO NOT mess with a mother's

love for her child.

She's going to fight you with the fangs of a wolf and the claws of a dragon just to protect her own.

[jeanita68 231]

39 minutes ago, Pinkrlion said:

You need to look at it from a mother's view. You would not want someone to take your child and you can never see her again. 

Yes I know I said that early on.. that I wouldn’t let my kid go either. But that child is so attached to her father. Now she will not have a father or a mother full time. She was so excited and happy to be coming live with us. All she been doing is crying she doesn’t want to lose her father. It’s breaking my heart. She hasn’t seen her mother in 2yrs. But my husband and I just talk and I told him. Let it go we will just visit when we can and try to bring her for a summer vacation. She has another child that left to US with her father many years ago (11yrs) and hasn’t seen that child since.