Dual US-Russian Citizen Child - how to handle rights in US?

[brian1423]

Hi, I am currently living in Moscow, have 10 year old son born to Russian mother. He lives with his mother in Moscow. We were never married. When she started denying me access to my son I went to Moscow court and received visitation rights. She violated the court decision and was documented as such by Russian authorities. She continues to deny me access, since the court decision stated that when the child is 10 years old, visitation rights be based on the child's opinion. In Russia, at 10 years old, that is when the child's opinion weighs heavily. So the mother blocks my access, simply saying he doesn't want to, not allowing me to even ask his opinion. When I try and see my son in front of his school she goes to medical clinic, then my son ends up not going to school for at least a week. The mother tells my son, doctors, and anyone else that the child is sick because of me. He missed 80 days of 4th grade. The mother has a psychiatric history, and her behavior seems to fit pattern of parental alienation as well as Munchausen Syndrome by Proxy, though the latter would be hard to prove.

The mother was always against my son having a relationship with me, and was always against my son knowing about his US citizenship. She is also against him having contact with my family in New Hampshire (parents, brothers). I received a Consular Report of Birth Abroad, and so my son's US citizen is now officially documented. The mother won't take him to US embassy to get passport, and that limits my ability to do things like open bank account in his name, etc.

In Russia I provide for him financially, but without passport I can't do anything for him in terms of investments in his name, etc.

I have legal residence in New Hampshire, am not there often, but am trying to figure out if the mother preventing my son from having a US passport is in violation of family law, or a violation of his civil rights. Likewise, I am trying to see if the mother blocking his contact with my family violates his rights here.

Is there any sense to me going to family court in New Hampshire, even though the mother would not attend? Would such a court case in absentia provide me any benefit?

thanks

 

[Ohiogal]

Hi, I am currently living in Moscow, have 10 year old son born to Russian mother. He lives with his mother in Moscow. We were never married. When she started denying me access to my son I went to Moscow court and received visitation rights. She violated the court decision and was documented as such by Russian authorities. She continues to deny me access, since the court decision stated that when the child is 10 years old, visitation rights be based on the child's opinion. In Russia, at 10 years old, that is when the child's opinion weighs heavily. So the mother blocks my access, simply saying he doesn't want to, not allowing me to even ask his opinion. When I try and see my son in front of his school she goes to medical clinic, then my son ends up not going to school for at least a week. The mother tells my son, doctors, and anyone else that the child is sick because of me. He missed 80 days of 4th grade. The mother has a psychiatric history, and her behavior seems to fit pattern of parental alienation as well as Munchausen Syndrome by Proxy, though the latter would be hard to prove.

Unless you are in Moscow, Idaho, your question has NOTHING to do with US Law.
You have no right to diagnose Mother with anything.

The mother was always against my son having a relationship with me, and was always against my son knowing about his US citizenship. She is also against him having contact with my family in New Hampshire (parents, brothers). I received a Consular Report of Birth Abroad, and so my son's US citizen is now officially documented. The mother won't take him to US embassy to get passport, and that limits my ability to do things like open bank account in his name, etc.

The mother doesn't have to do that unless Russian law requires it.

In Russia I provide for him financially, but without passport I can't do anything for him in terms of investments in his name, etc.

I have legal residence in New Hampshire, am not there often, but am trying to figure out if the mother preventing my son from having a US passport is in violation of family law, or a violation of his civil rights. Likewise, I am trying to see if the mother blocking his contact with my family violates his rights here.

Neither.

Is there any sense to me going to family court in New Hampshire, even though the mother would not attend? Would such a court case in absentia provide me any benefit?

thanks

New Hampshire courts would not have jurisdiction over either Mother or child. So you would be wasting your time and money.