So if my American spouse voluntarily signed over custody of his daughter to his ex's parents some years ago, how would this work? No child support obligations were involved.
Voluntary signing over of custody
- Thread starter Caroliner1978
- Start date
I guess I'm just confused, because almost everything is explained within the scenario of the child being in the custody of the other parent, which the child is not... both parents have relinquished custody. And I'm sure I read somewhere that if the child is in the custody of someone other than the parents, that changes the circumstances... I will see if I can find that...
a child of the applicant who is in the legal custody of someone other than the
applicant or an accompanying family member of the applicant, or where someone other than the
applicant or accompanying family member of the applicant is empowered to act on behalf of that
child by virtue of a court order or written agreement or by operation of law.
Ok... Think the above is what I saw before... Which only has to do with if his child was inadmissible, because she's not in his custody, he would not be inadmissible because of that.
Anyway, I suppose that my question really centres around the definition of a dependent child as being stated "dependent on their parents." This child has not been in the care, control, or custody of either biological parent for several years--but in the legal care, control and custody of her grandparents, and yes, dependent on them. That is the part that is confusing me. Because she is biolgically his child, and is a dependent, but not his dependent child.
applicant or an accompanying family member of the applicant, or where someone other than the
applicant or accompanying family member of the applicant is empowered to act on behalf of that
child by virtue of a court order or written agreement or by operation of law.
Ok... Think the above is what I saw before... Which only has to do with if his child was inadmissible, because she's not in his custody, he would not be inadmissible because of that.
Anyway, I suppose that my question really centres around the definition of a dependent child as being stated "dependent on their parents." This child has not been in the care, control, or custody of either biological parent for several years--but in the legal care, control and custody of her grandparents, and yes, dependent on them. That is the part that is confusing me. Because she is biolgically his child, and is a dependent, but not his dependent child.
Here's where CIC stands on this issue: Regardless of who has custody and whether that custody is full custody or not - CIC expects a medical to be completed for all children 18 years and younger - whether they are accompanying the applicant or not. In order for the child to be sponsored at some time in the future, a medical must be completed as part of the original applicant's application. Failure to complete the medical means the child can never be sponsored in the future. CIC does not want to create situations where children cannot be sponsored in the future - and consequently is extremely reluctant to allow applications to proceed without medicals being completed for all children 18 years and under.
This doesn't mean it can't be done - but you should expect delays to the application process and should expect to have to provide additional evidence / information if you don't want to complete a medical for the child. In addition to showing your partner has no legal custody, you will most likely also have to demonstrate (e.g. by providing email communications or letters as proof) that you tried to get the medical done and that the mother refused to give you access to the child.
This doesn't mean it can't be done - but you should expect delays to the application process and should expect to have to provide additional evidence / information if you don't want to complete a medical for the child. In addition to showing your partner has no legal custody, you will most likely also have to demonstrate (e.g. by providing email communications or letters as proof) that you tried to get the medical done and that the mother refused to give you access to the child.
Sorry - just to add - if the parents (grandparent) actually adopted the child - this would change things. I think you have to provide further information about what you mean by "giving up custody".
Okay, well... The mother was deemed unfit... The father (my spouse) went to court and got custody... Then Hurricane Katrina hit, and in the chaos that ensued, he moved to Vegas to find work, leaving the child with her mother's parents. The New Orleans stuff went on for so long, and he eventually decided that it would be better for the child to simply stay with her grandparents, and signed custody over to them--as he wasn't going to be able to give her the life he thought she deserved. Now what I'm not sure of is if this makes any difference at all, or, as you said... the only thing that would make a difference, is if the grandparents had adopted the child?
The grandparents were legally able to change the child's last name on their own, without an OK from her father... Does this give an indication of what the sort of status is with custody/parental rights?
It sounds as if he terminated all parental rights to his daughter, which is essentially the same as giving her up for adoption. If this is the case then she would not need to be included in the application form, however, I would be sure to include a detailed description about the situation on a separate sheet and also I would include any official documents as he must have copies of paperwork he signed in order to give up parental rights.