QUESTION
I currently live in Chile but the father won’t give me permission to take my daughter to the USA .
Asked on Mar 22nd, 2021 on Child Custody - New Jersey
More details to this question:
The baby father and I have been split up for over 2 years , I met someone from the United States while he was working in Chile , he ask me to marry him I said yes . To make a long story short he got the fiancé visa for me and also for my daughter . The issue is the father is violent , drug addict , intoxicating my daughter ever since he found of about my current partner . He has been trying to get my daughter to think I’m a bad person and my partner as well . Super verbal abusive to my daughter and my family , a few incidences has happened with the baby father , he hit my dad infront of my child school , scratched my sisters brand new car , tried to run me off the road , comes outside my house yelling and screaming at me . I feel like I am stuck . My current partner has been helping me so much , from picking and registering my daughter into school , home , planning our wedding , location , visas for both my daughter and me . I just want to start my life and be married . What should Ido
1 ANSWER
Divorce Attorney serving Short Hills, NJ
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I dont think that I am going to tell you something that you dont already know - you need to go to the court system in your country and get an order of the family court giving you authorization to leave the country with your daughter. If you dont get an order from your country's court system and you simply come to this country, the father of your child will go to the court system in Chile claiming that you kidnapped your child and took her to the United States without his permission or a court order permitting it to occur and he will ask the Chilean government to assist him under the Hague Convention for child Abduction to ask the US Government to compel the return of your child to Chile. Yes, there are specific protections given to someone fleeing another country in abuse settings, but the burden will be on you to prove them to avoid an application to the US court system to compel your child's return to Chile.
The alternative would be to contact a certified immigration lawyer in New Jersey to work with you and your new partner on getting the proper paperwork filed with the US State Department to assist in getting you and your daughter to the US.
Answered on Mar 23rd, 2021 at 5:48 AM