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  • American child not abduction

    Scenario is about my brother

    He made a baby with a foreign student.

    Brother was not involved in the child's life. However the courts made him pay child support.

    He did not legitimate so he is not on child's birth certificate.

    Foreign mother of the child was a student. She overstayed because she was struggling to raise child before the child support was started.

    Fast forward to this year. Mother and child leave the US due to status, she is an overstay and can't get legal documents.

    Child is 15.

    Now my brother found out his health is not good. He wants to be involved with child but child is overseas.

    The mother is willing to bring child to him.

    How is this handed? Is there an overstay ban? Can she request a visa to bring the child?

    Not an abduction?

    My brother can not travel overseas to see the child and also he feels his child would be better off coming to him here in the US.

    Any insight?

    Brother is planning on getting attorney for advice but don't want this to end up being an abduction situation that could traumatize the kid.

    Any input will be appreciated.

  • #2
    Originally posted by cense View Post
    Scenario is about my brother

    He made a baby with a foreign student.

    Brother was not involved in the child's life. However the courts made him pay child support.

    He did not legitimate so he is not on child's birth certificate.

    Foreign mother of the child was a student. She overstayed because she was struggling to raise child before the child support was started.

    Fast forward to this year. Mother and child leave the US due to status, she is an overstay and can't get legal documents.

    Child is 15.

    Now my brother found out his health is not good. He wants to be involved with child but child is overseas.

    The mother is willing to bring child to him.

    How is this handed? Is there an overstay ban? Can she request a visa to bring the child?

    Not an abduction?

    My brother can not travel overseas to see the child and also he feels his child would be better off coming to him here in the US.

    Any insight?

    Brother is planning on getting attorney for advice but don't want this to end up being an abduction situation that could traumatize the kid.

    Any input will be appreciated.
    Can't they arrange with the airline for the child to travel unaccompanied?

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      Can't they arrange with the airline for the child to travel unaccompanied?
      Only if the mother agrees to give up the child.
      Since the kid was born in US, he is US citizen or at least he can apply for passport at nearest embassy in his country.
      But the question is, kid is a minor...it's a package deal.
      It's all up to kids mother..
      Anyway lawyer would be the best person to answer.

      Comment


      • #4
        does child have passport? I would work on establishing the legal relationship between your brother and his child as your brother is not listed on the birth record. I would talk to lawyer about how that can be done. Child is still a minor.
        Originally posted by cense View Post
        Scenario is about my brother

        He made a baby with a foreign student.

        Brother was not involved in the child's life. However the courts made him pay child support.

        He did not legitimate so he is not on child's birth certificate.

        Foreign mother of the child was a student. She overstayed because she was struggling to raise child before the child support was started.

        Fast forward to this year. Mother and child leave the US due to status, she is an overstay and can't get legal documents.

        Child is 15.

        Now my brother found out his health is not good. He wants to be involved with child but child is overseas.

        The mother is willing to bring child to him.

        How is this handed? Is there an overstay ban? Can she request a visa to bring the child?

        Not an abduction?

        My brother can not travel overseas to see the child and also he feels his child would be better off coming to him here in the US.

        Any insight?

        Brother is planning on getting attorney for advice but don't want this to end up being an abduction situation that could traumatize the kid.

        Any input will be appreciated.
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