K2 Visa question

[Jauque 1]

It was suggested I post this in the Canadian forums because theres a good chance that someone will have some personal experience with my issue... so heres hoping!

My daughter is four years old, her father isn't listed on the birth certificate but I do have a court order for child support from him. He met her for the first time about two months ago and has since decided that hes not okay with her leaving Canada. My question is will this affect my ability to be approved for the visa seeing as he is not listed on the birth certificate. If it will be an issue what venues would I have to pursue to make it become a non-issue?

[July09Bride 1]

It was suggested I post this in the Canadian forums because theres a good chance that someone will have some personal experience with my issue... so heres hoping!

My daughter is four years old, her father isn't listed on the birth certificate but I do have a court order for child support from him. He met her for the first time about two months ago and has since decided that hes not okay with her leaving Canada. My question is will this affect my ability to be approved for the visa seeing as he is not listed on the birth certificate. If it will be an issue what venues would I have to pursue to make it become a non-issue?

First of all, welcome to VJ! That is a tough situation. Many people here have dealt with their children's Visa and hopefully someone can guide you in the right direction. Good luck!

[Ontarkie 14,237]

(I read you other post in the K1 section )

I'm not really sure what you will need for the Montreal Interview. But since you have a court order stipulating child support, do you also have something stating visitation. You will need something from him or the courts to allow you to take her.

I really think you should see a lawyer cause I would think that since you are going after him for child support you just provided all the proff he needs to go after parental rights he didnt know he had. Thats my guess anyways, you really need to see a lawyer to establish you own parental rights as sole custody. Once you see a lawyer and get sole custody make sure they also get a court order to allow you to move.

My sister never listed my neice's father on her BC but she still had to go to court to get sole custody, and make sure he could'nt take her.

Danielle

[hheaven67 2]

Well, if he knows that you're thinking about moving to the US, HE should be the one more interested in getting a lawyer and joint custody! If he isn't listed on the birth certificate then there's no proof that he is the father. He would actually have to get DNA testing done (quite expensive) and then have the joint custody order drawn up. If he knew that, I'm sure he wouldn't protest the move...more than likely he's doing this to spite you....I know all about that! Maybe you should inform him...or not! If he really has nothing to do with the child other than pay support, I would be the type to up and leave and forget about the support...it is your decision though as whatever you decide could really impact your child's life and yours further down the road...

Good luck to you!

jen

[Jauque 1]

I realize I'm answering my own question but in case others are having this issue or looking for answers regarding the K2 this is take from the US government visa website:

To prevent international child custody disputes, in cases where a divorced parent wishes to have his minor child immigrate to the United States, U.S. diplomatic offices in Canada will request original or court-certified copies of court orders regarding child custody arrangements. Such documents should specify that the parent has “sole custody” of the child. If a divorced parent does not have court-granted sole custody, U.S. diplomatic offices in Canada will request written, notarized consent to the child’s immigration from the other parent.

This doesn't really apply to me as I was never married but it seems like a safe assumption to use the information provided above in my case.

[MapleLeafBaby 1]

I realize I'm answering my own question but in case others are having this issue or looking for answers regarding the K2 this is take from the US government visa website:

To prevent international child custody disputes, in cases where a divorced parent wishes to have his minor child immigrate to the United States, U.S. diplomatic offices in Canada will request original or court-certified copies of court orders regarding child custody arrangements. Such documents should specify that the parent has “sole custody” of the child. If a divorced parent does not have court-granted sole custody, U.S. diplomatic offices in Canada will request written, notarized consent to the child’s immigration from the other parent.

This doesn't really apply to me as I was never married but it seems like a safe assumption to use the information provided above in my case.

The BC may show you have full custody, and a notarized letter giving consent from the other parent will suffice.