Can a family court judge make a U.S. citizen pass on U.S. citizenship if the child is born in another country.

[Aussielad 37]

UPDATE up until now.....

 

My friend contracted a family lawyer in Colombia and she is now going to handle the case. The lawyer believes that the case is for Colombia and not the U.S. The lawyer also is of the belief that the Colombian woman is borderline extortioning my friend. I am wishing success to my friend that this can be resolved in the best possible manner for all parties involved. I will keep everyone updated. 

 

Thank you to everyone who has put in their two cents. It has been much appreciated with the valuable knowledge provided here. My friend is deeply grateful for the positive vibes from everyone on here.

[Aussielad 37]

1 hour ago, Boiler said:

Does the child have a visa?

 

If the child and her are resident in Georgia then the Georgia courts will no doubt be involved.

The mother alleges that she got a U.S. tourist visa for the child as the the child is registered in her name.

 

But no, the mother nor the child are not residents of Georgia at all. She has yet to go to Georgia. 

[Boiler 45,313]

30 minutes ago, Aussielad said:

The mother alleges that she got a U.S. tourist visa for the child as the the child is registered in her name.

 

But no, the mother nor the child are not residents of Georgia at all. She has yet to go to Georgia. 

That is the point, I assume the plan is to obtain Georgia residency and then file for child support.

[Timona 4,207]

39 minutes ago, Boiler said:

That is the point, I assume the plan is to obtain Georgia residency and then file for child support.

 

How's that possible if she's only on B-2? Unless she plans to overstay her next visit. 

[Boiler 45,313]

4 minutes ago, Timona said:

 

How's that possible if she's only on B-2? Unless she plans to overstay her next visit. 

I assumed she was moving to Georgia and would be staying there.

[TBoneTX 45,023]

2 hours ago, Aussielad said:

Thank you to everyone who has put in their two cents. It has been much appreciated with the valuable knowledge provided here.

That's what we're here for.  

2 hours ago, Aussielad said:

My friend is deeply grateful for the positive vibes from everyone on here.

We hope that things eventuate his way and that he doesn't get hosed in the slightest.

2 hours ago, Aussielad said:

I will keep everyone updated. 

Please do!

[Demise 1,263]

12 hours ago, Aussielad said:

Correct up until a point. CRBA is not as easy as it seems due to the fact that his original proof of U.S. citizenship is required, plus both parents would have to appear before a consulate official. Also remember that she would also need his proof that he has had 5 years of continual U.S. residency through taxes, transcripts, etc, etc, which she does not have access too. 

My point was more that people get too hung up on CRBA when it is not the be-all-end-all document for children born abroad, nor does the proof have to be obtained before turning 18, only the legitimization needs to happen before then.

Still, you're right, baby mama can't make the kid a US Citizen without cooperation from the father. I even went digging into the USCIS policy manual and DOS foreign affairs manual, and conferring citizenship onto a foreign out of wedlock child requires US Father to agree to financially support said child. Now we can argue that agreement means, out of court settlement would likely tick that box, being outright ordered to pay would not.

 

You want my take on it all? Get the matters of custody and child support get sorted by a court. Give the mother the stuff to get the kid their citizenship or get the kid a US passport while they're in US. No point in punishing the kid due to mother being a dumbo. I definitely do agree that she's asking for King's Ransom there, child support payment of $1500 would require one to be making over $150k a year, and I think that's the only thing worth fighting against.

 

[JeanneAdil 6,413]

On 8/7/2023 at 4:14 PM, Boiler said:

I do not see how a US Court would have jurisdiction 

if both parties agree to see social services and go before family court ,   it is recognized for support (only)

he can not force the man to do CBRA BUT he may suggest it

 

From Office of US Department of Health and Human Services

 

https://www.acf.hhs.gov/css/faq/frequently-asked-questions-about-international-cases

Citizenship and Residency

Expand All

Q1. Do I need to be a U.S. citizen to request help from the U.S. child support program?

Collapse

Citizenship is not required for a person to apply for child support services.

Q2. Do I need to live in the U.S. to request help from the U.S. child support program?

Collapse

Residency is not required for a person to apply for child support services. However, if you live outside the U.S., state law in the U.S. state you apply to will determine the help that the state can provide. (See FAQs under When the Custodial Parent Lives Outside the U.S.)

[Boiler 45,313]

27 minutes ago, JeanneAdil said:

if both parties agree to see social services and go before family court ,   it is recognized for support (only)

he can not force the man to do CBRA BUT he may suggest it

 

From Office of US Department of Health and Human Services

 

https://www.acf.hhs.gov/css/faq/frequently-asked-questions-about-international-cases

Citizenship and Residency

Expand All

Q1. Do I need to be a U.S. citizen to request help from the U.S. child support program?

Collapse

Citizenship is not required for a person to apply for child support services.

Q2. Do I need to live in the U.S. to request help from the U.S. child support program?

Collapse

Residency is not required for a person to apply for child support services. However, if you live outside the U.S., state law in the U.S. state you apply to will determine the help that the state can provide. (See FAQs under When the Custodial Parent Lives Outside the U.S.)

 

I think that is saying what I am saying and why I assume she is looking to move to Georgia. Child support is a State issue, so you need residency in that State.

 

With a Georgia Court Order then that can be enforced in another State. 

[Demise 1,263]

On 8/9/2023 at 9:31 AM, Boiler said:

 

I think that is saying what I am saying and why I assume she is looking to move to Georgia. Child support is a State issue, so you need residency in that State.

 

With a Georgia Court Order then that can be enforced in another State. 

Biggest problem with her seeking it in Georgia is lack of personal jurisdiction over the father. While the Uniform Child Support laws mandate enforcement, the biggest issue is whether the court is legally allowed to order the defendant to do anything. There is a list of rules for personal jurisdiction (live in that state, get personally served while in the state, lived with the child in that state, provided pre-natal expenses while in that state, voluntarily allowed the case to proceed, and some others).

 

It's similar to alimony, any court can grant divorce, but you need personal jurisdiction over the defendant to get money out of them.

 

So if served for a lawsuit in Georgia it'll likely be up to the father whether to proceed and accept jurisdiction or motion to dismiss.

 

https://www.lsnjlaw.org/legal-topics/family-relationships/child-support/general-information/pages/child-support-issues-for-parents-living-in-different-states-aspx

Edited August 10, 2023 by Demise

[Aussielad 37]

On 8/8/2023 at 11:23 PM, Boiler said:

That is the point, I assume the plan is to obtain Georgia residency and then file for child support.

That is what she is attempting to do, exactly that. Go to Georgia, gain state residency and file child support. However it could be a difficult situation given that she and the kid are Colombian and she is using a tourist visa to do all of this. I do not know if that would work in her favor or not. 

[Aussielad 37]

On 8/9/2023 at 12:08 AM, Boiler said:

I assumed she was moving to Georgia and would be staying there.

No, she is trying to do everything on a tourist visa without overstaying. Which is why I have the personal opinion that this is a situation for Colombia to resolve. Because why she is trying to do it in the U.S. is to gain more money. Because there is a significant difference between 2 million pesos and 2 thousand dollars. Which is why she is wanting more because she knows that a Colombian court won't give her what the U.S. could give her.

 

And also, even though we have all pointed it out and that it won't work for her.....she is still determined to go and "MAKE" the judge give the kid U.S. citizenship. (even though we all know that can't happen). And that is so that she can attempt to claim $1,000 for the social security for the kid and social security money for herself as the "care taker" of the kid. 

[Boiler 45,313]

Do not see that working

[Aussielad 37]

On 8/9/2023 at 10:02 AM, JeanneAdil said:

if both parties agree to see social services and go before family court ,   it is recognized for support (only)

he can not force the man to do CBRA BUT he may suggest it

 

From Office of US Department of Health and Human Services

 

https://www.acf.hhs.gov/css/faq/frequently-asked-questions-about-international-cases

Citizenship and Residency

Expand All

Q1. Do I need to be a U.S. citizen to request help from the U.S. child support program?

Collapse

Citizenship is not required for a person to apply for child support services.

Q2. Do I need to live in the U.S. to request help from the U.S. child support program?

Collapse

Residency is not required for a person to apply for child support services. However, if you live outside the U.S., state law in the U.S. state you apply to will determine the help that the state can provide. (See FAQs under When the Custodial Parent Lives Outside the U.S.)

And THAT is what she is precisely attempting to do....more money for her to live comfortably in Colombia by doing it in the U.S. the process will simply be a lot longer 

[Aussielad 37]

On 8/9/2023 at 8:56 AM, Demise said:

My point was more that people get too hung up on CRBA when it is not the be-all-end-all document for children born abroad, nor does the proof have to be obtained before turning 18, only the legitimization needs to happen before then.

Still, you're right, baby mama can't make the kid a US Citizen without cooperation from the father. I even went digging into the USCIS policy manual and DOS foreign affairs manual, and conferring citizenship onto a foreign out of wedlock child requires US Father to agree to financially support said child. Now we can argue that agreement means, out of court settlement would likely tick that box, being outright ordered to pay would not.

 

You want my take on it all? Get the matters of custody and child support get sorted by a court. Give the mother the stuff to get the kid their citizenship or get the kid a US passport while they're in US. No point in punishing the kid due to mother being a dumbo. I definitely do agree that she's asking for King's Ransom there, child support payment of $1500 would require one to be making over $150k a year, and I think that's the only thing worth fighting against.

 

He makes over $100,000 per year. And he understands that an innocent kid is caught up in this. However he also realizes that she would get money in the end, but can not have it all. Because unfortunately she wants to get as much out of this as possible. Will she get money in the end? More than likely. Would it be up to $800? Probably. $800 in COLOMBIA is a lot of money for someone who also already owns two apartments and has a very good job in Colombia. 

 

Plus all she can get out of social security, which could be up to $1,500 extra?.....too much. Way.too.much. 

 

My friend mentioned that ethically and morally he can not do that, and would just prefer to be done for the money for child support if and when it comes to that. In the end, the U.S. citizenship will benefit HER, not the child, the child is unfortunately mentally incapacitated for life.