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How is it with the legal custody for my child for citizenship

Discussion in 'US Citizenship' started by affinia1, Mar 12, 2018.

  1. affinia1

    affinia1 New Member

    Hey guys,

    everywhere I read about legal custody for the child to being able to apply for the citizenship after I become a U.S. citizen. Me and her father have never been married, he live in Europe, I have been married here but got divorce. My child's father never had any issue with our child moves with me to USA, become a green card holder and now get the citizenship. But as we never have been married and are very good friends, we also never has been legally separated and never got legal custody by court. So will that be a big issue? Or it will be enough for me having his affidavit that he agrees with everything and signed by notary and etc? thanks
  2. SusieQQQ

    SusieQQQ Well-Known Member

    How old is the child and where does the child live?
    (A child under 18 automatically gets citizenship when you do if residing with you in the US.)
  3. affinia1

    affinia1 New Member

    she is gonna be 10 in June and she live with me in the USA.
  4. newacct

    newacct Well-Known Member

    It is also required that the child be living in "legal and physical custody" of the US citizen parent. None of the examples cover the OP's case, so I am not sure what would be needed.
  5. SusieQQQ

    SusieQQQ Well-Known Member

    And she has a green card? Did any questions about custody arise when she was granted the green card?

    Most countries automatically grant legal custody to an unmarried mother. I’m not actually sure what the US situation is but it’s usually sorted out during the (getting the) green card stage.

    Edit: quick google search confirms that in the US legal custody goes to an unmarried mother unless contested in court. I’m not sure if the possibility of the situation being different in home country affects this. OP has not clarified which country child was born in. If it is different - brief legal consultation might be in order,
    Last edited: Mar 13, 2018
  6. affinia1

    affinia1 New Member

    Thank you.
    By geting her green card, there wasnt any questions about custody. I think that I had affidavit from her father, that he agree she being here in the U.S. with me, but I dont remember if the USCIS officer even looked at it.

    We both are from Czech republic.
  7. SusieQQQ

    SusieQQQ Well-Known Member

    What is the law there about custody for an unmarried mother? If they didn’t even ask that is unusual, which makes me think it’s the same and unmarried mother automatically gets legal custody. It’s probably worth your while getting a legal opinion but on the face of it it seems to me you should be ok, don’t even need anything from the father.
    affinia1 and Jbuff like this.
  8. Jbuff

    Jbuff Member

    The affidavit with his signature will clarify any issues about custody if one does come up.
    But i highly doubt it would

    Is the father’s signature on the childs birth certificate?
    only time custody is a problem is when one parent is actually fighting for custody.

    In the eyes of the law both of you have custody

    Unless stated other wise by a judge.
    You are the childs birth mother.
    So without a challenge from her father. You have custody!!

    Its the same scenario of woman that doesnt know who the father of the child is. Or he’s just not around
    She would have custody of her child ,no one will question this. Fyi. Just using this as an example to make my point!!
  9. SusieQQQ

    SusieQQQ Well-Known Member

    Not in the US, not without a court order saying so. As a mother unmarried at the time of the child’s birth, she has legal custody.
    It would be useful to clarify if the situation is the same in Czech Republic. I am guessing so judging by the fact that she didn’t need to present any legal documents to get the child an immigrant visa.
  10. Jbuff

    Jbuff Member

    If the father signed for the child on the birth certificate=rights

    No signature=no rights

    As a child. Im the product of a nasty custody battle here in the US. Trust me i know
  11. SusieQQQ

    SusieQQQ Well-Known Member

    the father has rights only if custody is contested - exactly as I said. If it’s not then custody is automatically with the mother. The point for OP is that she does not have to “prove” she has legal custody in the absence of any contestation (which she would if she had been married to the father).
    I’m sorry for what you went through, sadly I too know first hand how horrible it is.
  12. affinia1

    affinia1 New Member

    I was searching today about the custody and also spoke with my child's father and in our country, if mother live or just stay out of the country without having a full custody - then it is taken as a kidnap. Hmm but as we never had any issue and also my daughter got both of her green cards without problem, then I hope it wont be a problem at all.

    In our country we dont sign the childs birth certificate, but ofc his name is it there. He dont fight for the custody, neither do I.

    I am not to worried about the citizenship to get for her if I get it, but about geting her an american passport after that. As there it is say about the legal custody.

    • At least one of the child’s parents is a U.S. citizen by birth or naturalization;
    • The child is under 18 years of age;
    • The child is residing in or has resided in the United States in the legal and physical custody of the U.S. citizen parent pursuant to a lawful admission for permanent residence
    Last edited: Mar 13, 2018
  13. SusieQQQ

    SusieQQQ Well-Known Member

    hmm, i tend to think that whatever the case is, is OK if she got the green card BUT I definitely think it's worth speaking to a lawyer to see what USCIS will require in a case like this. Worst case you can arrange a legal custody document for her? Sounds like the father will be fine with this. Better you have everything ready before you apply for citizenship.
  14. affinia1

    affinia1 New Member

    yes I will for sure do it.

    I did also some research about forms and about US passport for a child and there is form DS-3053 a statement of consent: issuance of a US passport to a minor under age 16. So when we come to the point of having also all done, then he will fly here and sign in the front of the notary the form and I hope that it will be enough.
    SusieQQQ likes this.
  15. affinia1

    affinia1 New Member

    EDIT: so when the second parent(in our case my childs father) give me permission for living outside the country where we live, then it isnt taken as kidnap.
  16. Jbuff

    Jbuff Member

    That sounds about right

    Friend of mine tried to get a passport for her minor son. And the father who lives in NY had to be present at the time of application

    She tried without him and they wouldn't put the application thru

    You'll be fine.

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