Question for board

[Dean]

Greetings all....

Hope all is well with everyone.....

I've a question for guys with wives with kids....

In the past I've read posts about the custody situations which can result with the Colombian fathers when the mother tries to bring out the child.

Pete E.'s post was most informative....
Thanks to Pete.... Paty and I pursued and attained s writ of sole custody for Paty's daughter Lina....
We processed the visas and departed Colombia via ElDorado in Bogota.
DAS was interested in the custodial document, but was satisfied with the legality and validy of said document.

Now my question....

We're planning a trip back to Bogota at Christmas....
Lina, Paty and Me....last weekend we talked to the lawyer that did all the previous documents for us...

The legality of the documents were assured, however we were informed that the father can rescind his permission for Paty's sole custody.

We were under the impression that the custody agreement was permanent,...which we were assured it is, but can be overruled by a document issued later....

The short take is that if Lina appears in country, the biological scumbag can disallow her leaving the country.....
Thus creating a huge problem for us....

We feel we dodged a huge bullet and have decided that Lina will not travel to Bogota with us....

I'm wondering if adoption (name change) and US citizenship changes the situation?....

I'm always somewhat amazed about the perpetual fluidity of the legal system there...just wondering if anyone else has had a similar experience or a better understanding of the situation?

Thanks in advance....

Best regards to Nelson and family....

Fean

[Kenfer8]

... in response to Question for board, posted by Dean on Dec 3, 2001

Fean,

Every time you take your step-daughter to Colombia make sure to double check the paperwork to be able to get her out of Colombia. The biological father can always ask DAS-Estranjería (Colombian secret police and INS equivalent) to prevent his child from leaving the country.

Colombian law is very strict when it comes down to letting minors out of the country.

[Dean]

... in response to Re: Question for board, posted by Kenfer8 on Dec 4, 2001

Thanks for the reply....

We're sitting here trying to figure a possible solution....

One scenario....
If Lina is adopted (by me) and has a my last name and is a US citizen, traveling with the new name and passport will the situation remain the same?

Any possible alternate scenarios would be appreciated...

thanks,
Dean

[Pete E]

... in response to Re: Re: Question for board, posted by Dean on Dec 4, 2001

Dean,
The issue goes away when the child gets a US passport. That can take 5 plus years unless you adopt,which might speed it up.As Kenfer says you could need the fathers permission,but I think you can get the adoption without his permission if you go to court and show he has had no involvement in the childs life and didn't contribute to the childs expenses.
An easier solution,you can get a form of exclusive right of custody that will take away the fathers say.You can do this with or without his permission.Without permission requires going to court and having the custody granted by a judge.In our case we got it with the fathers permission.He knew he was going to lose anyway and there was something he wanted to sign,which we gave him.This form of custody cannot be recinded by the father.
We have an excellent lawyer in Cali on issues like this.He is retired from the public agency that oversees family issues.
One other issue I was just warned about by my new travel agent.(If I had used her last year I would be way ahead.There is a difference between a ticket salesman and a travel agent)When a male child reaches 16 he needs to have a military card to leave the country.All 16 year old males must have one.

Pete

[Dean]

... in response to Re: Re: Re: Question for board, posted by Pete E on Dec 6, 2001

Thanks Pete...
Your posts have helped me a lot...I appreciate the information. It has saved us a lot of difficulty I think...

We've decided to talk to our lawyer in Bogota about the situation and pursue your reccommendation..

Thanks,
Dean

[Kenfer8]

... in response to Re: Re: Question for board, posted by Dean on Dec 4, 2001


Hi Dean,

If Lina has your last name and a U.S. passport things would much easier. However, to reach the point where you can legally adopt her, give her your last name and apply for her American passport there are several steps that must be accomplished first.

If the biological father lives...and you want to adopt the child, I think he (the father) must give full permission for that to happen.

I know of cases where an uncle or grand father adopts a child for immigration reasons or when the real parent doesn't have the means to take care of the child. But there are serious long-term implications (like Lina will never be able to get a green card for his biological father...which is an unlikely scenario...but it has happened...when the child grows up...has a strained relationship with the adoptive parent and wants to re-establish contact with the biological parent....just to find out that he/she can bring him/her here), and, of course,  the INS wants to have all the paperwork.

I don't think the biological father can be stripped of his rights as a parent (even if he's not a good father) just because the mother thinks otherwise. It would be different if he was desceased or nobody could find him.

Kenfer