My Girlfriend is an illegal alien, we have a kid...?
Answer:
well do you have joint custody? is your name on the birth certificate? read...
Hague Convention Abduction Issues
One Possible Solution – The Hague Convention
One of the most difficult and frustrating elements for a parent of a child abducted abroad is that United States laws and court orders are not automatically recognized abroad and therefore are not directly enforceable abroad. Each country has jurisdiction within its own territory and over people present within its borders. No country can tell another country how to decide cases or enforce laws. Just as foreign court orders are not automatically enforceable in the United States, United States court orders are not automatically enforceable abroad.
At the Hague Conference on Private International Law in 1976, 23 nations agreed to draft a treaty to deter international child abduction. Between 1976 and 1980, the United States was a major force in preparing and negotiating the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention or the Convention). The Convention was incorporated into U.S. law and came into force for the United States on July 1, 1988. As of July 2001, the Convention is in force between the United States and 50 other countries. The Convention applies to wrongful removals or retentions that occurred on or after the date the treaty came into force between those two countries. The dates vary for each country and more countries are considering signing on to the Convention all the time. Check the most recent list prepared by the Office of Children''s Issues to learn whether the Convention was in force in a particular county at the time of the wrongful removal or retention.
You can find the list here.
What Is Covered by the Convention
The Hague Convention is a civil legal mechanism available to parents seeking the return of, or access to, their child. As a civil law mechanism, the parents, not the governments, are parties to the legal action.
The countries that are party to the Convention have agreed that a child who is habitually resident in one party country, and who has been removed to or retained in another party country in violation of the left-behind parent''s custodial rights, shall be promptly returned to the country of habitual residence. The Convention can also help parents exercise visitation rights abroad.
There is a treaty obligation to return an abducted child below the age of 16 if application is made within one year from the date of the wrongful removal or retention, unless one of the exceptions to return apply. If the application for return is made after one year, the court may use its discretion to decide that the child has become resettled in his or her new country and refuse return of the child. In any case, a court may refuse to order a child returned if there is:
A grave risk that the child would be exposed to physical or psychological harm or otherwise placed in an intolerable situation in his or her country of habitual residence;
If the child objects to being returned and has reached an age and degree of maturity at which the court can take account of the child''s views (the treaty does not establish at what age children reach this level of maturity: that age and the degree of weight given to children''s views varies from country to country); or
If the return would violate the fundamental principles of human rights and freedoms of the country where the child is being held.
Note: Interpretation of these exceptions varies from country to country.
How to Use the Hague Convention
nope, plan sounds good.
so we have you to thank for the breeding process of those bastards
Before she goes back to COLOMBIA,make sure you get a DNA test done to establish paternity so you can get the custody of your child. If not,the child automatically goes with her.Try to settle this in an amicable way,for the child's sake.
don't let her take the baby. she is preventing the child to her rights as an American. call a lawyer, you might be able to charge her with kid napping.
So you knowingly cohabitated without the benefit of marriage with someone who you knew was cheating the US Government. Now that she is cheating on you, you suddenly want to be a good citizen and have the immigration resolve your mess!
The problem is the child will go with the mother absent any court order. But since you did not think enough of her and the child to marry her, then the judge will most likely not think much of your petition to be awarded full custody of the child.
Do not think of yourself in this situation, think of the child!
Is your name on the little girl's birth certificate as the natural father? Was the little girl born in the United States?
Without these facts, you may have some custody rights issues.
good luck!
She can't get a passport for the child unless you are there in person to sign the form.
Sorry to hear about your situation. Go tomorrow and file for child support/custody/visitation. The child is an American citizen and deserves to live like one. since there isn't any other order in exsistence you are able to take the child until there is an order. She can't do much about it until there is an order.
well first of all she does not have a right to do that. you cant call it kidnapping b/c its her mother but you can report her from deriving you of your rights as a father to see your child. so yes, call the authorities on her and get your child. you have every right. hope everything goes well
First, prove that you are indeed the father. Since you are a citizen and she isn't, you automatically and rightly have more rights than her. But prove that you are the father so she can't take your little girl. But by all means have her deported because illegal aliens are a heavy cost to the economy.
Just keep your daughter in a safe place there running back and forth across that boarder she might try to take the daughter be careful shes not to trustworthy
if you are 100% certain and the DNA is 100% then she can not take the child out of the country till a custody hearing is done if she does she could be charged with kidnapping. contact a lawyer ASAP
Major B I T C H!!, How dare she, I am an immigrant too but this is just too much.
Sounds like you should have put a hat on the head.
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