stepchild question...

[dirkanddiane 0]

i posted this on the family board too not sure which one is the right.....

hi i am diane and i am married to dirk he is currently back in germany awaiting for me to begin our k3-k4 process. he has a daughter who is five years old. he has main custody of her.. the mother visitations. but the mother hardly ever takes her. its been 5 months since she saw her last. anyway dirk has told me that in german law when the father has laws for the child and main custody laws he can move where he wants with her ect. without the mother having to sign anything...

but from what i read the for the k4 visa the other parent must sign a paper stating she gives permission for this child to leave the country... has anyone gone through this situation or know if this is right? i personally believe this childs mother would never sign not because she loves her and wants her in her life but because she would make things ###### for my husband...

[MargotDarko 0]

Unless she has no custody at all and has already relenquished her rights to the child (which it doesn't sound like it since she's allowed visits) and he has proof of that, then yes, he'll need to obtain a signed and notarised letter from her stating that the child is allowed to move to the US with him.

[pushbrk 12,898]

Unless she has no custody at all and has already relenquished her rights to the child (which it doesn't sound like it since she's allowed visits) and he has proof of that, then yes, he'll need to obtain a signed and notarised letter from her stating that the child is allowed to move to the US with him.

Frankly, I think it does depend on the actually wording of the custody document but can also depend on what the Consulate requires. That can vary based on the local laws and customs with regard to typical custody arrangements. For China, only the full custody court order was required. Other countries have different customs and family law issues to comply with.

A government certified translation of the custody document is the place to start. Once you have that and any guidance from the Consulate, you'll know your next steps. No need to delay filing though.

[MargotDarko 0]

Unless she has no custody at all and has already relenquished her rights to the child (which it doesn't sound like it since she's allowed visits) and he has proof of that, then yes, he'll need to obtain a signed and notarised letter from her stating that the child is allowed to move to the US with him.

Frankly, I think it does depend on the actually wording of the custody document but can also depend on what the Consulate requires. That can vary based on the local laws and customs with regard to typical custody arrangements. For China, only the full custody court order was required. Other countries have different customs and family law issues to comply with.

A government certified translation of the custody document is the place to start. Once you have that and any guidance from the Consulate, you'll know your next steps. No need to delay filing though.

Ah, #######, I have been caught again in the trap of basing answers on just what I've read and heard so far instead of thinking about how much it can vary by country and consulate.

[dirkanddiane 0]

Unless she has no custody at all and has already relenquished her rights to the child (which it doesn't sound like it since she's allowed visits) and he has proof of that, then yes, he'll need to obtain a signed and notarised letter from her stating that the child is allowed to move to the US with him.

Frankly, I think it does depend on the actually wording of the custody document but can also depend on what the Consulate requires. That can vary based on the local laws and customs with regard to typical custody arrangements. For China, only the full custody court order was required. Other countries have different customs and family law issues to comply with.

A government certified translation of the custody document is the place to start. Once you have that and any guidance from the Consulate, you'll know your next steps. No need to delay filing though.

good idea i will get it translated in english .. i am so nervous because i love dirk and celine so much and if he can not come here because the mother must sign something i can forget them ever moving here

[payxibka 10,045]

Unless she has no custody at all and has already relenquished her rights to the child (which it doesn't sound like it since she's allowed visits) and he has proof of that, then yes, he'll need to obtain a signed and notarised letter from her stating that the child is allowed to move to the US with him.

Frankly, I think it does depend on the actually wording of the custody document but can also depend on what the Consulate requires. That can vary based on the local laws and customs with regard to typical custody arrangements. For China, only the full custody court order was required. Other countries have different customs and family law issues to comply with.

A government certified translation of the custody document is the place to start. Once you have that and any guidance from the Consulate, you'll know your next steps. No need to delay filing though.

good idea i will get it translated in english .. i am so nervous because i love dirk and celine so much and if he can not come here because the mother must sign something i can forget them ever moving here

Better yet an e-mail to the consulate posing this exact question might be the better place to start before you get all too far down the road getting translations that may not be required.

[JohnWendy 0]

I am not sure about Germany and you will need to do some research from two aspects...

1. What is the requirements from the US Embassy in Germany for a child to immigrate to the US

2 What are the German requirements for a child to depart with only one parent

My story... my stepdaughter lives in the Dominican Republic and since I got married in Aruba our interview is at the US Embassy in Venezuela... I had two get THREE letters!

1. The US Embassy in Caracas is adament about a Notorized letter from the other parent allowing the chld to immigrate to the US (Travel authorization from other parent as posted on the Embassy website requirements Preparing for Interview)

2. Dominican Immigration requires a Notarized affadavit from the other parent allowing the step child to travel

3. Venezuela required an Notarized affadavit , then legalized at the Venezuelan Embassy in Santo Domingo, from the other parent allowing the step child to travel to and from Venezuela

So if your situation is between Germany and the US.... you may want to research this with the US Embassy in Germany and the German Immigration Office

Due to some recent highly publized cases of parent abduction... I hear that these affadavits are being asked for more and more

[raymaga 25]

At the consulate in Canada, they require a letter from the biological parent giving their permission for the child to move to the U.S., unless the parent that is bringing the child to the U.S. has full custody.

I had joint custody of my daughter when I moved to the U.S., so I needed to get the notarized document from her biological father giving his permission. I was asked for it at her K-2 interview.

Edited September 20, 2007 by raymaga