When Can a Custodial Parent Move With a Child to the U.S.

[tomtom360]

Hello, I am writing on behalf of a woman from Belarus. She won a green card to come to USA. She has a 6 year old daughter. The woman is legally divorced but father still retains custody. She was told that the new law has passed allowing her to take the child out of the country without the legal consent of the father. First, is this true? If so, what can the father do after he finds out? Can he sue the mother that lives in USA and get a court order to return the child to him? Get legal visiting rights? Please be kind to be specific. I am considering marrying this woman and would like to know about any possible complications.

Thank you so much in advance.

[Dogmatique]

She needs to speak with an attorney in Belarus.

I am not aware of ANY responders familiar with Belarus family law.

[tomtom360]

What about from standpoint of US Law?

[Baystategirl]

What about from standpoint of US Law?

Not relivent.

[Dogmatique]

What about from standpoint of US Law?

It doesn't matter.

Mom would not be under the jurisdiction of the US for the purposes of custody and child support.

[tomtom360]

What happens if she legally enters the US with the child, can the father sue her in Belarus/US and get custody of the child or have the child brought back to Belarus?

[Dogmatique]

She won't be entering legally with the child if she has not gained permission from Dad or the Belarus courts, will she?

Dad already has custody - Dad's word is, generally, final. If Mom takes the child without permission it's highly possible she will be charged with kidnapping.

I HIGHLY doubt that Mom will be LEGALLY able to remove the child from the child's CUSTODIAL PARENT without that parent's permission. New law? Really? Do you truly believe that?

Tread VERY carefully here. Very carefully.

[tomtom360]

Her husband was an abuser and an alcoholic. That is why she divorced him. He abandoned them when the daughter was 3.5 month old. The government did make him pay the alimony, as he still does. He was gone for 5 years and recently came back when the daughter was 6. He calls the daughter on her cell phone from time to time but rarely sees her. She said "I want a daddy, but not this one". He will NEVER let her go, just to make them more miserable. He keeps damaging the child and hurts me to see this!

[Dogmatique]

Her husband was an abuser and an alcoholic. That is why she divorced him. He abandoned them when the daughter was 3.5 month old. The government did make him pay the alimony, as he still does. He was gone for 5 years and recently came back when the daughter was 6. He calls the daughter on her cell phone from time to time but rarely sees her. She said "I want a daddy, but not this one". He will NEVER let her go, just to make them more miserable. He keeps damaging the child and hurts me to see this!

Of course she's not being coached to say that, is she?

Have you actually met this woman, by the way?

[tomtom360]

No one is asking to break the law. Not once in my life have I done that, nor am I advising the mother to do so. She does not need me, as she already won the green card and made her decision to leave before we met. I would like to know what are the available options. For example, if there is INDEED a new law in Belarus' stating that she does NOT need fathers consent to leave the country, what happens with her immigration status, what happens when she files for citizenship, what happens if the father decides to seek legal help. I have already advised her to seek legal counsel in Belarus' to ensure that she is aware of all the laws so she does not break them. I would like to help her do this right, but if possible, avoid getting the father involved. It is VERY VERY common for men to beat their wives in that part of the world and many women have come to accept it, but ones that recognize that this is wrong are stuck in these situations and can NOT protect their children from EVIL!!!