Moving Back to US with My Daughter

[Srene 2]

Hi everyone,

I have a question and I'm hoping someone can help me answer it.  I am an American wife, and I am married to my German husband.  We are legally separated for one year now, but do not have no plans to divorce.  It has been very amicable.  So, we have a daughter that is 12 yrs old.  Both me and my daughter want to move back to the US next year when she turns 13.  The biggest reason is she wants to experience her 'other half'.  My husband has said we can move as he knows his daughter really wants this experience.  Ok, my question, is what is required document(s) wise for this to happen.  I know we both have 50/50 custody, so I know if he says no, then we either go the legal route (which we both DO NOT want to do) or wait until she is 18..  She lives with me currently most of the time. Hoping someone has been in this situation and can help. 

 

Thank you,

S

Edited November 2 by Srene

[appleblossom 2,426]

1 hour ago, Srene said:

Hi everyone,

I have a question and I'm hoping someone can help me answer it.  I am an American wife, and I am married to my German husband.  We are legally separated for one year now, but do not have no plans to divorce.  It has been very amicable.  So, we have a daughter that is 12 yrs old.  Both me and my daughter want to move back to the US next year when she turns 13.  The biggest reason is she wants to experience her 'other half'.  My husband has said we can move as he knows his daughter really wants this experience.  Ok, my question, is what is required document(s) wise for this to happen.  I know we both have 50/50 custody, so I know if he says no, then we either go the legal route (which we both DO NOT want to do) or wait until she is 18..  She lives with me currently most of the time. Hoping someone has been in this situation and can help. 

 

Thank you,

S

 

What kind of document are you asking about - the immigration side of things i.e. proof of her US citizenship, or the permission to take her out of the country side of things?

[Srene 2]

56 minutes ago, appleblossom said:

 

What kind of document are you asking about - the immigration side of things i.e. proof of her US citizenship, or the permission to take her out of the country side of things?

Permission to take her outside of the country. If my husband is agreeable is it just a typed letter that we can have notarized or do we have to get lawyers involved / Jugendamt? We have settled our separation between us both to include child support without documenting anything official. 

[EmilyW 1,430]

My situation was different, in that I took our children out of the country on an extended vacation, but I had a letter notarized saying that I had permission to take the children.  Nothing fancy.  Just a typed letter which he and I both signed, and had notarized.  As it happened, I was never asked for it, but it was great peace of mind to have it.

[Dashinka 24,466]

28 minutes ago, EmilyW said:

My situation was different, in that I took our children out of the country on an extended vacation, but I had a letter notarized saying that I had permission to take the children.  Nothing fancy.  Just a typed letter which he and I both signed, and had notarized.  As it happened, I was never asked for it, but it was great peace of mind to have it.

This ^^^^

To the OP.

 

I know some friends that have made trips into Canada with their children, but without their spouse (the other parent), and they always take a notarized letter.  As @EmilyW stated, CBP or the Canadian equivalent do not always ask for it, but they always have it with them.  If your spouse is agreeable, go this route.

 

Good Luck!

[Dashinka 24,466]

I found this which may be helpful.

 

Providing parental consent when a child travels without both custodial parents

Ports of entry in many countries have security measures to prevent international child abduction. If your child is traveling alone or with only one parent or legal guardian, they may need a letter of consent from the other custodial parent. 

• The letter of consent, preferably in English and notarized, from the other parent (if the child is traveling with one custodial parent) or signed by both parents (if the child is traveling with a guardian or alone) should say: "I acknowledge that my child is traveling outside the country with [the name of the adult] with my permission."

https://www.usa.gov/travel-documents-children

[Boiler 45,434]

Is the child a USC?

[Srene 2]

20 hours ago, Boiler said:

Is the child a USC?

Yes, she has dual citizenship 

Edited November 4 by Srene

[Srene 2]

21 hours ago, EmilyW said:

My situation was different, in that I took our children out of the country on an extended vacation, but I had a letter notarized saying that I had permission to take the children.  Nothing fancy.  Just a typed letter which he and I both signed and had notarized.  As it happened, I was never asked for it, but it was great peace of mind to have it.

Yes, I do that every year when we go visit my family in the states.  He puts the dates on the letter, which protects him, which I am agreeable to.  But our situation will change next year as me and my daughter want to move back permanently to the states.  He has said it is ok and that we can go.  So, I'm just trying to find out if anyone knows of specific documentation or legal actions that I have to take in order to go safely.  Currently we are on very amical terms and as long as that stay that way, I see no problems.  I'm just trying to plan for any scenario and want to make sure that I am covered.

[Srene 2]

21 hours ago, Dashinka said:

This ^^^^

To the OP.

 

I know some friends that have made trips into Canada with their children, but without their spouse (the other parent), and they always take a notarized letter.  As @EmilyW stated, CBP or the Canadian equivalent do not always ask for it, but they always have it with them.  If your spouse is agreeable, go this route.

 

Good Luck!

Yes, I do that every year when we go visit my family in the states.  He puts the dates on the letter, which protects him, which I am agreeable to.  But our situation will change next year as me and my daughter want to move back permanently to the states.  He has said it is ok and that we can go.  So, I'm just trying to find out if anyone knows of specific documentation or legal actions that I have to take in order to go safely.  Currently we are on very amical terms and as long as that stay that way, I see no problems.  I'm just trying to plan for any scenario and want to make sure that I am covered.

[Dashinka 24,466]

21 minutes ago, Srene said:

Yes, I do that every year when we go visit my family in the states.  He puts the dates on the letter, which protects him, which I am agreeable to.  But our situation will change next year as me and my daughter want to move back permanently to the states.  He has said it is ok and that we can go.  So, I'm just trying to find out if anyone knows of specific documentation or legal actions that I have to take in order to go safely.  Currently we are on very amical terms and as long as that stay that way, I see no problems.  I'm just trying to plan for any scenario and want to make sure that I am covered.

In that case you may want to re-word a letter and both of you sign it and have it notarized that he is in agreement with this plan, and you agree to allowing her to visit.  Beyond that, maybe consult with a lawyer as to how to structure an agreement.  Since you are still legally married with no plans to divorce, I am not sure what else you can do as this really doesn’t deal with legal custody, and who knows, she may not like the experience of living in the US, and want to go back after some time.

 

Good Luck!

[Srene 2]

1 hour ago, Dashinka said:

In that case you may want to re-word a letter and both of you sign it and have it notarized that he is in agreement with this plan, and you agree to allowing her to visit.  Beyond that, maybe consult with a lawyer as to how to structure an agreement.  Since you are still legally married with no plans to divorce, I am not sure what else you can do as this really doesn’t deal with legal custody, and who knows, she may not like the experience of living in the US, and want to go back after some time.

 

Good Luck!

Thank you!  I will seek a lawyer for advice.