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Author Topic: Non-US father: Access to Kids Agreement in the US?  (Read 1876 times)

Gonzago

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Non-US father: Access to Kids Agreement in the US?
« on: Apr 12, 2013, 11:52:34 PM »
Hello, my situation is:

I am divorced for 5 years, and I have an 8- year-old son.

My ex-wife is going to marry an American guy  and take my son to America for good.
I am not a US citizen, and I live far far away from the US.

My wife and son will become US citizens 2 years from now, at best.
Before becoming US citizens they will be living there on K-1 visa or a provisional greencard.

I want her and her future US husband as guarantor to sign a Parenting and Acces to Kids Agreement so that I could come and take my son during summer vacations/spring break and etc back to my country or travel around the US or abroad.

Her American husband told me that such an Agreement could be just notarized with an American public notary and then, if anything goes wrong, US courts would accept it for litigation.

Is it true?

Do I need to have an attorney in the US to represent my interests when signing the Agreement?

Can I, as a foreign citizen, go to the US court with claims if my rights are violated?

Can my wife (while non-US citizen) and her American husband be defendants in US litigation if I will go to court?

Thank you for you advice.

Gonzago


ocean

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Re: Non-US father: Access to Kids Agreement in the US?
« Reply #1 on: Apr 13, 2013, 05:41:21 AM »
I am NOT an lawyer but I do not believe that America will deal with this in family court until the mom and child become citizens of America. What country is the divorce in? What does your divorce state about visits? You should be able to go back to the court you got the divorce NOW and modify it to change visits for long distances. That court is who you should be dealing with now. Mom maybe able to get America to take over after she becomes a citizen. Do you know what American state they are moving to? Call a lawyer in that area and ask, they usually will do a free phone conference with a few questions and then tell them if you need them you will hire them when she moves there. Also, you can not take the new husband to court, he is not the parent and will not be involved in America court unless he is a witness in a trial. Step parents for the most part do not have any legal rights in America.

Waylon

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Re: Non-US father: Access to Kids Agreement in the US?
« Reply #2 on: Apr 13, 2013, 09:04:26 AM »
You should begin by consulting an attorney in whatever country you're in right now...custody cases are tricky to begin with, but international custody cases can be off the scale in terms of complexity and pitfalls.


Hello, my situation is:

I am divorced for 5 years, and I have an 8- year-old son.

My ex-wife is going to marry an American guy  and take my son to America for good.
I am not a US citizen, and I live far far away from the US.

My wife and son will become US citizens 2 years from now, at best.
Before becoming US citizens they will be living there on K-1 visa or a provisional greencard.

I want her and her future US husband as guarantor to sign a Parenting and Acces to Kids Agreement so that I could come and take my son during summer vacations/spring break and etc back to my country or travel around the US or abroad.

Her American husband told me that such an Agreement could be just notarized with an American public notary and then, if anything goes wrong, US courts would accept it for litigation.

Is it true?

Do I need to have an attorney in the US to represent my interests when signing the Agreement?

Can I, as a foreign citizen, go to the US court with claims if my rights are violated?

Can my wife (while non-US citizen) and her American husband be defendants in US litigation if I will go to court?

Thank you for you advice.

Gonzago
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