Child Custody Laws in Ukraine, anyone?

[MarkInTx]

Here's a question...

If a woman has a young child in Ukraine, and wishes to marry a man in America...

Does the child's father have any say in that?

Can a woman, legally, move with a child -- even if the father of the child objects? (We are assuming, of course, that the couple is divorced, and she has custody...)

Does anyone know? Does anyone have experience in this?

[Tootsie]

... in response to Child Custody Laws in Ukraine, anyone?, posted by MarkInTx on Dec 4, 2001

Mark,

According to Russian and as far as I know Ukranian law a child cannot be taken abroad without father's/mother's legal permission. Parents can be successfully married but if one of them wants to take a child abroad (on vacation etc.) another one should give such permission. As a rule this paper is required by Russian/Ukranian customs officer and it doesn't have anything in common with INS, K-1 or anything else.

But as I mentioned in my earlier posts in our corrumped country it's always possible just to "buy" such paper bribing the notar. Illegal but...

Regards,

Tootsie

[Dalton Brooks]

... in response to Re: Child Custody Laws in Ukraine, anyon..., posted by Tootsie on Dec 4, 2001

the new law states that if the mother has legal custody of the child, you do not need permission from the father. The mother doesn't even have to tell the father that she is living the country with the child.

Dalton

[MarkInTx]

... in response to Re: Re: Child Custody Laws in Ukraine, a..., posted by Dalton Brooks on Dec 4, 2001

Dalton,

I certainly *like* your answer...

But, can you give me a background.

Don't mean to challenge you... But Tootsie lives in Russia, and says one thing... you say another... Can you fill me in... how do you know what the new law is?

Also, are you referring to Russian Law or Ukranian law?

Again, I don't mean to be contrary... just want to know how you know with such certainty...

(This, as you might have gathered, is not a hypothetical question on my part... So, it could be very important...)

[Stan B]

... in response to New Law, posted by MarkInTx on Dec 4, 2001

Marina is from Ukraine and she didn't need any permission to bring her daughter and other than filing the K-2, no other legal documentation was requested from either of us on this point.

[Dalton Brooks]

... in response to New Law, posted by MarkInTx on Dec 4, 2001

I don't have official documentation about Ukraine, but my Russian language teacher is new from Ukraine and she brought her child with her without permission from the father.

As for Russia, my fiancee is in Russia and we are in the K-1 Process and she inquired about it when she went to get a copy of her divorce decree. So I know for sure that it is true for Russia.

Mark, I think there was a discussion about this not long ago here at P-L. I'll try to search the archives a little and find the discussion.

Dalton

[RW]

... in response to Re: Re: Child Custody Laws in Ukraine, a..., posted by Dalton Brooks on Dec 4, 2001

The problem might arise when/if you want to adopt children.
Other than that, it really depends on the situation. But... it is always a good idea to get all possible documenta, translate them into English and notarize in Ukraine/Russia. It will save not only money, but possible problems.

Russian Wife

[Ryan]

... in response to Re: Re: Child Custody Laws in Ukraine, a..., posted by Dalton Brooks on Dec 4, 2001

This is a real crummy law.  I mean our rights as father in U.S.A. are bad enough now look at these poor guys in Ukraine.  I hope you are wrong...

[Tootsie]

... in response to Re: Re: Child Custody Laws in Ukraine, a..., posted by Dalton Brooks on Dec 4, 2001

I know that my friends still have to go to the notary each time one of them needs to take a child abroad. This is happily married couples, just not always they could spend the vacation together.

Just curious,

Tootsie

[Charles]

... in response to Child Custody Laws in Ukraine, anyone?, posted by MarkInTx on Dec 4, 2001

Generally, you can take the child if she has custody.  It was not a problem for me.  When I went through this process I read some information that the father could object and you would have to resolve the matter in court.  To avoid that problem, we got the father to sign a written permission document (the guy was paid $20 - amazing how much he thought his kid was worth).  However, no one in the K-1 or AOS process ever asked for this document, so maybe you don't need it.  If you feel as I did and want the comfort of the written permission, and he won't give it, your fiance can use non-payment of child support as leverage to obtain the permission.  He won't object because if he does, he will be subject to prosecution for failure to pay child support.