Filing for custody: Help

Jenny429

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Oct 10, 2005
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in 3 weeks he spoke perfect English.​Ha ha ha!!
Yes? What's so funny? He was 3 years old, and immersed with only english speakers.. The only spanish he had was when his father saw him a little on his day off at that point. Of course fluent for a 3 year old as at 3 they dont have an extensive vocabulary. But no accent..
 

keepcoming

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May 25, 2011
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I watched a dear friend of mine go through that.. Played that "tug of war" for a long time. They did the 2 year permission with immigration and because of all the fighting back and forth the boy lost his status as a LPR. He stayed here in the DR too long, past his permission from immigration. Sorry OP but I do not wish that nightmare on anyone. They sent him back for a summer vacation and played h*ll getting him back into the US. In the end it all came down to money, rather who would pay the mother for the child living in the US. Unfortunately the child lost in the end but they are trying to "fix" that now since the child is older and the birth mother has lost interest in the child.
 

ricardofb03

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Feb 9, 2013
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Yes? What's so funny? He was 3 years old, and immersed with only english speakers.. The only spanish he had was when his father saw him a little on his day off at that point. Of course fluent for a 3 year old as at 3 they dont have an extensive vocabulary. But no accent..

It's true! Kids pick up on another language faster than adults could!!
 

ricardofb03

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Feb 9, 2013
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I watched a dear friend of mine go through that.. Played that "tug of war" for a long time. They did the 2 year permission with immigration and because of all the fighting back and forth the boy lost his status as a LPR. He stayed here in the DR too long, past his permission from immigration. Sorry OP but I do not wish that nightmare on anyone. They sent him back for a summer vacation and played h*ll getting him back into the US. In the end it all came down to money, rather who would pay the mother for the child living in the US. Unfortunately the child lost in the end but they are trying to "fix" that now since the child is older and the birth mother has lost interest in the child.

This is terrible! This is what we're trying to avoid. Such an ugly situation that we're in!!
 

ricardofb03

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Feb 9, 2013
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I think that the mother is planning on applying for a tourist visa to come to the states. Should we file for custody before something like this happens?
 

Criss Colon

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Chances of the birth mother getting a visa to the USA are "Slim", and "NONE"!
And "Slim" just got on his horse and road out of town!
If you have the child "THERE", keep her there!
No "vacations" here, as she will not be coming back!
This is just a "Show Me The Money" case.
She doesn't want her daughter, she wants YOUR Money!
She has "NONE", you have "Some", she want's yours!
Ignore her.
There is very little she can do.
Cris Colon
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Trainman33

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Dec 11, 2009
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Chances of the birth mother getting a visa to the USA are "Slim", and "NONE"!
And "Slim" just got on his horse and road out of town!

I always heard that phrase from my Texan grandparents as "slim and none and slim done jumped out the window."
 

mountainannie

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Dec 11, 2003
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Getting the Green card for the children is an old Dominican marriage ploy. Are you sure that your husband and the mother are not in this together? I know one situtation.. just to muddy the waters.. where the father of five married a Puerto Ricaan. for the green card, he told the mothers of the children. And he did get green cards for two of his children after he finally got his own and divorced the Puerto Rican. it is very difficult for a child to hold onto a green card.

Anyway, i would not necessarily assume that the mother is after the money. Both parents may be after your green card.

Sorry. I have heard too many stories about how things go wrong.

If I were you, I would send the girl back home to her mother with an allowance.

Or was the child part of your marriage arrangement?
 

LTSteve

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Jul 9, 2010
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Do what is truly in the best interest of the child. If it is staying in the US than pursue this end.

LTSteve
 

ricardofb03

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Getting the Green card for the children is an old Dominican marriage ploy. Are you sure that your husband and the mother are not in this together? I know one situtation.. just to muddy the waters.. where the father of five married a Puerto Ricaan. for the green card, he told the mothers of the children. And he did get green cards for two of his children after he finally got his own and divorced the Puerto Rican. it is very difficult for a child to hold onto a green card.

Anyway, i would not necessarily assume that the mother is after the money. Both parents may be after your green card.

Sorry. I have heard too many stories about how things go wrong.

If I were you, I would send the girl back home to her mother with an allowance.

Or was the child part of your marriage arrangement?


I'm certain that is not the case for me. yeah I've heard those stories too. My friend who is much older is married to his uncle and that is how I met him. My friend knows the family for years and before I had even met him she saw that he was separated and living with his uncle. And yes we did agree to bringing his daughter over before marrying. My husband's mother already is a resident here, so if "residency" is what he really wanted, he could have obtained residency through his mother
 

ricardofb03

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Feb 9, 2013
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Just an update: Things with the mother have become more difficult. She hasn't asked for money, but she is talking to her daughter everyday and video chats. However, we have mentioned for her to give my husband residential custody, and she just laughs. She is asking us to send her and giving me her word that she will send her back. I told her that her word is not enough! We need the legal document and want everything done the legal way. She's not giving in yet. Has anybody fought for residential custody before?
 

Criss Colon

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You already have "De Facto" custody!!!
The child resides with you NOW!!!!!!
Forget about the mother here in the DR!
If they want to "Video Chat", 24/7 so what?????
Stop looking for problems.
Get on with your life.
Send the child here for a "Vacation" you may never see the child again outside the DR,
If you think the mother doesn't want any money, send the child here and find out different.
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ricardofb03

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Feb 9, 2013
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Update: The mother has sent a letter to the Dominican consulate. I received a call from the Dominican consulate in NYC and they have told us that the mother claims she has no communication with her daughter and would like her daughter returned to Dominican Republic. They want us to go to NYC to the Dominican consulate.. Has anyone ever had a situation like this?
 

mountainannie

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Dec 11, 2003
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Could we run into legal problems in DR later in the future for not sending her back?

yes. I would say that you are already running into problems with the DR government.

You only left with a poder de salir, right? Your husband does not actually have custody? or does he? The child has only been with you for a couple of months. Did you cut off contact with her mother?

Was this part of the marriage arrangement? Did you expect that would have both a husband and a child?

She seems very young to be away from her mother.

I know that lots of the men here will post that the women are only using the children to get money but I know lots of women here who are raising their kids alone and simply are not like that. If she wanted money from you, I doubt that she would have involved the DR consulate at this early stage.

Am I right in assuming that the child came in under your husband's fiancee visa? So that you essentially have married and adopted the child without really having a custody agreement in place?

It is very difficult to get a K2 visa, probably even more so with a child.

Dominicans are taught that the US is the land of opportunity and that a US Visa is the key to the kingdom. So I am sure that the mother thought she was really doing the best thing for her daughter and is now missing her.

So what can you do? What should you do? You really need to reach a custody agreement with the mother first. I am surprised that you got a K2 visa without having a custody agreement in place.

Did you cut off contact with the mother?

If the child is still talking with the mother every day and you still got this notice.. then you are in for a life time of trouble.
 

ricardofb03

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Feb 9, 2013
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yes. I would say that you are already running into problems with the DR government.

You only left with a poder de salir, right? Your husband does not actually have custody? or does he? The child has only been with you for a couple of months. Did you cut off contact with her mother?

Was this part of the marriage arrangement? Did you expect that would have both a husband and a child?

She seems very young to be away from her mother.

I know that lots of the men here will post that the women are only using the children to get money but I know lots of women here who are raising their kids alone and simply are not like that. If she wanted money from you, I doubt that she would have involved the DR consulate at this early stage.

Am I right in assuming that the child came in under your husband's fiancee visa? So that you essentially have married and adopted the child without really having a custody agreement in place?

It is very difficult to get a K2 visa, probably even more so with a child.

Dominicans are taught that the US is the land of opportunity and that a US Visa is the key to the kingdom. So I am sure that the mother thought she was really doing the best thing for her daughter and is now missing her.

So what can you do? What should you do? You really need to reach a custody agreement with the mother first. I am surprised that you got a K2 visa without having a custody agreement in place.

Did you cut off contact with the mother?

If the child is still talking with the mother every day and you still got this notice.. then you are in for a life time of trouble.

Yes she does talk to her everyday, up to twice a day. We never got a custody agreement since we never imagined running into these problems. All we have is a poder de salida. Yes, my husband and I did speak about this before. I'm almost the one who pushed for it once I found out we could do the follow to join for the child. And yes she did come under my husband's fianc? visa, we did the follow to join (She came a year later). The child has only been here 4 months and she is now 4 years old. The problems started from 3 weeks of the child being here