Step child parent not wanting child to go to US

[jeanita68 231]

4 minutes ago, payxibka said:

Personally I think that's pretty damning negative evidence in him trying to get sole custody.   On could argue that the only parent she has had is grandma.   If he is going to be successful,  it will come with grandma's help

Yes but he spends a lot of time with her, sometimes she spends the weekend, sometimes when grandma not well she stays with him for weeks. He sees her every single day. She is so spoiled she is a daddy’s girl. N he loves her so much, he doesn’t want to leave her

Edited August 24, 2019 by jeanita68

[payxibka 10,047]

5 minutes ago, jeanita68 said:

Yes but he spends a lot of time with her, sometimes she spends the weekend, sometimes when grandma not well she stays with him for weeks. He sees her every single day. She is so spoiled she is a daddy’s girl. N he loves her so much, he doesn’t want to leave her

That will be up to the courts to decide , if you end up having to go that route,  hopefully you won't 

[HRQX 4,145]

2 hours ago, jeanita68 said:

She’s in a country where DR residents don’t need a visa

Info from DR government (translated by Google): http://servicios.dominicana.gob.do/servicio.php?id=518

Quote

If one of the parents is abroad, they should go to the nearest Dominican Consulate and request the Consular Power, authorizing the child's departure alone or with his companion. This must be legalized by the Foreign Ministry and then take this original and legalized Power to the General Directorate of Migration, along with the other requirements indicated.

 

Even if one of the parents has custody or custody of the child, they must carry the travel authorization of the other parent or the authorization of the Court of Children and Adolescents.

Tribunal de Niños, Niñas y Adolescentes: http://ojd.org.do/index.php/perfiles-pe/perfiles-intitucionales/113-penal/perfiles/institucionales/203-tribunal-de-ninos-ninas-y-adolescentes-de-primera-instancia-sala-de-lo-penal

[mushroomspore 3,044]

6 hours ago, jeanita68 said:

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

You're not even going to get her visa without parental consent or a court order. And as others have said, that would be international crime to just take her anyways.

[SalishSea 18,125]

1 hour ago, jeanita68 said:

N he loves her so much, he doesn’t want to leave her

Leaving family behind is one of the primary drawbacks to immigrating.

[MJMH 5]

7 hours ago, jeanita68 said:

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 🙏🏾 

The only thing he can do is take her to court. If he does not have full custody of the girl, he will not be able to take her with him.

[MJMH 5]

16 minutes ago, mushroomspore said:

You're not even going to get her visa without parental consent or a court order. And as others have said, that would be international crime to just take her anyways.

Exactly. And that will be considered international.child abduction and smuggling.  And good luck getting his greencard and/or citizenship then

[Boiler 46,025]

7 minutes ago, Jorgedig said:

Leaving family behind is one of the primary drawbacks to immigrating.

An important factor in deciding who moves.

[SalishSea 18,125]

1 minute ago, Boiler said:

An important factor in deciding who moves.

Exactly.  Sounds like in OP's case it was maybe not discussed from the beginning of the immigration process, at least not with the child's other parent, which is really surprising.

[jeanita68 231]

4 minutes ago, Jorgedig said:

Exactly.  Sounds like in OP's case it was maybe not discussed from the beginning of the immigration process, at least not with the child's other parent, which is really surprising.

It was discussed. She original said she would sign but now she is saying she will sign only for the child jus visits, not to live

[jeanita68 231]

16 minutes ago, MJMH said:

The only thing he can do is take her to court. If he does not have full custody of the girl, he will not be able to take her with him.

The mother lives in another country. So how can he take her to court. He will go and talk to a lawyer on monday

[Ontarkie 14,435]

He goes to the courts where the child lives. The local court is the one who has jurisdiction. 

I'm betting the Grandma made mom say no. Do not discuss anything further with the grandmother or mother. 

[Boiler 46,025]

Just now, Ontarkie said:

He goes to the courts where the child lives. The local court is the one who has jurisdiction. 

I'm betting the Grandma made mom say no. Do not discuss anything further with the grandmother or mother. 

Grandmother has most to lose.

[SalishSea 18,125]

18 minutes ago, jeanita68 said:

The mother lives in another country. So how can he take her to court. He will go and talk to a lawyer on monday

Just because she lives in another country does not mean she has given up or been stripped of her parental rights.

[Lemonslice 4,963]

5 hours ago, jeanita68 said:

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.

Have you considered moving to live with him, he'd maintain daily visits, you would live together...