Can a green card take a citizen out of the united states?
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Can a green card take a citizen out of the united states?
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Ok lets say a father was born in the united states he meets someone that was born in Dominican Republic. They been together for like 5 years and decided to have a baby. The father brought the lady to the united states when she was 8 months pregnant. She had the baby at florida. So the baby is a United State citizen. OK my question is If the Mother decides to leave the country to go back to Dominican Republic can she take the baby?
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∞infiniti∞
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Neither she, nor the father, can take the child from the US without the other parent's consent. |
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MadMan
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You are confusing immigration with custody. If the mother has full custody of the child, she can petition the court to be allowed to take the child home. Being an American does not automatically mean that the court will not allow the child to be taken overseas. They are supposed to act with the best interests of the child in mind. However, it would be rare for a court to allow a child to be taken so far away from its other parent. |
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veritaslegalgroup
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This is a very common question, but it is more related to state's family law rather than U.S. immigration law. Generally speaking, however, under the Uniform Child Custody Jurisdiction and Enforcement Act (UCHEA) and the Uniform Child Abduction Prevention Act, a parent may not remove a child from the U.S. unless both parents agreed and the court approved of the procedure. The parents will have to enter into an agreement and the court must review such contract and make it enforceable.
The court will most likely will review all facts and issues to see if the parent's action is in the best interest of the child. If not, the court will not allow such action even if both parents agreed. Please contact your local Family Law Attorneys for more information. You should also consult with an immigration attorney if additional information is required. Good luck!
Steven Pham Esq. |
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Purrr
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Question is, will they the dominican republic let the baby enter the country and stay there?
Technically, the courts can not separate an infant from it's mother, unless it's proven that the mother is a hazard to herself and her child.
So even if the U.S lets her keep the child, it depends on if the child can enter the other country or not.... |
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AlenaT
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No if the father doesn't agree. Unfortunately the baby belongs to America:-) |
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