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Limitation to child travel out the states because his dad heritage?
will be considered legal as a part of settlement of divorce?, is any one have legal experience in this matter in the Unites States preferable in the Wisconsin state ,who can really give a proper orientation.My son who is 2 1/2 is not allow to travel out the country because im Colombian ,the mother think if he go to Colombia he will be kidnap or he never return to the states,is that legal and enough reason for the judge approved this against to me and my son and my son no be allow to meet his grand parents, brother,and other family members.if you have experience in similar case I will like to know the result of that case .Im legal US resident in process to be US Citizen.
2 Answers
- wendy cLv 71 decade agoFavorite Answer
Yes. It is completely legal, and it is not about if you are a citizen, or your heritage. The problem is wide spread that parents divorce, and disputes over WHAT COUNTRY has authority to decide about the child. Without agreements, many many children have been taken to different countries, by one parent, and hidden there, against court rulings.
The solution is agreements between countries that say ONE country laws will have authority. This depends on where the child NORMALLY lives, which seems to be the US according to your statement. The goal is to prevent situations where the child goes on "visits" but the parent then refuses to bring the child back. The child becomes the one who suffers.
I don't have the direct situation, but have researched custody issues and family kidnappings. I am sorry that this is hard for you, but you need to know that past situations are what makes this law necessary.
If you and mother can be on decent terms, then I would think she would be less fearful if your family visits the child in this country. Yes..that may be hard for them, but helps prevent your child suffering from the risk of being in the middle of the disputes. Another idea.. if your family has means to be on the internet, with a web cam perhaps that they can see each other.
- FlatlanderLv 51 decade ago
Yes it is legal. The custodial parent can't move out of state without an agreement between the two parties (and filed in court), so not letting a child leave the country makes sense.