Want to take child with me... Help.... Parent not allowing

[malirca]

hello,

here is a short summary.
my fiance and I are living jn USA.
His daughter has been living with us for the past 2 yrs, after the mom was going to live in a shelter.
she was suppose tk be with us temporarily for some months but the mom dissappsared for 7 mknths, no communication notning.
she reappeared again but the mom has had very little contact with the daughter in this time and ignores her calls etc most of the time.
mom does not have permane t job, no car to drive girl to school. Lives of food stamps and receives money from government for the girl but does nkt support her in any means.
husband knows if he leaves daughter she will not have a good life with mom.
but there is no legal custody etc documents.
mom will not sign papers to dad. So dad says take her now. And the mom doesn't want tk take her.

any parents out there know what tk do or can be done?
husband wud need tk land in september so don't have much time for custody battle etc.

P.S the mom is illegal jn the US... Any chance that we can threaten ber with deportation jf she doesn't sign?

 

[zardoz]

You need to speak to a lawyer. It will possibly end up going to court.
I don't think anyone on here will be able to help as this is not an immigration issue but a child protection and custody one.
Illegal alien or not, the mother has strong legal rights and if she refuses to yield, there is nothing that can be done outside a court.

 

[MadeInCanada]

If the mother is receiving money from the government for the child, I am not sure how she can be in the country illegally. The Government would know fully.

If she is getting money for the child but not paying for or supporting the child with that moeny, then she is committing fraud.

I also wonder why he would risk the welfare of his child by trying to get the mother (whom, if what you have said is true, is unfit) to take the child?

The father should document all the proof of communication, and or support (or lack there of) and consult a lawyer. There are many that will take the case. Legal Aid services are readily available for these types of cases.

 

[malirca]

thank you for your response.

I know tjismis immigration forum, I wrote here to maybe get point of view from some parents who took their kids to canada and what kind of steps they took.

to answer why would he leave her with the mom.
he doesn't want to, he just basically was trying to see if she won't let him have her if she will take her but she doesn twant that either.
she just wants best of both worlds.
and yes, she is commiting fraud....
could we blackmail her with this then maybe?

and yes she is illegal but the kids aren't, so she can ask government for money for the american kids.

 

[zardoz]

Don't even think about "blackmail". It's a criminal offence and could get you into very serious trouble if she decided to play hardball. You NEED a lawyer, period. Without doing things properly you might find that she changes her mind just at the wrong time. Also, you now say "kids", plural. What have you not told us?

 

[MadeInCanada]

The father needs to gather and document the proof of all you are saying then. Once he has collected it, he needs to see a lawyer.

I am not familiar with the US laws. I do not understand how she can be receiving the money. I do not need to understand it though.

Your husband/fiance or what have you needs to be upfront with her. I do not think blackmail would be in his favor as it could get thrown back at him in court.

He has legal rights and obligations to the welfare of his child. I suggest calling whatever agency is giving the mother the money and telling them the child is in his care 24/7 and for how long. Also, I can't say enough, that he needs to see a lawyer. There are FREE ones available. It seems like a open and shut custody case. If she does not want the child then simply get papers served, she will have her right to reply, if she does not the case goes to court without her, if she does then both sides get heard. Since the father is willing and has been giving care for her the courts will more then likely side in his favor. Also that he wants to try and give her a better life yadda yadda..

Depending on where you are, the whole thing can take no more then 5 months. Which in your original post you stated he wants to land in or around September, he would have the timing. That does depend on several things though. One of which is getting into motion of seeing a lawyer/filing.

By the way, he can land and return to the US to wait out the judgement/ruling of the courts. There are several options with regards to that as well.

One step at a time.

See a lawyer ASAP

 

[MadeInCanada]

Don't even think about "blackmail". It's a criminal offence and could get you into very serious trouble if she decided to play hardball. You NEED a lawyer, period. Without doing things properly you might find that she changes her mind just at the wrong time. Also, you now say "kids", plural. What have you not told us?

I think if you read what the OP said over again you will see you misread it. She is looking for others experiences with taking their kids out of country and or immigrating.


EDIT sorry, I missed the second "kids"