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How to file for custody, child is in the US, mother is abroad

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microbes

Member
What is the name of your state (only U.S. law)? IL

How do I file for custody in this situation? My daughter's mother is abroad and have never been to the US. I brought my daughter with me to the US in 2002 with the intent of her following us and moving to Illinois. I had filed a petition to get her a visa. She got into drugs and got pregnant by another man so needless to say, we broke up. My daughter stayed with me due to her mother's issues with drug addiction with crystal meth and has been in and out of rehabs for the last 8 years.

I know I have custody by de facto but how do I go about making this all legal?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? IL

How do I file for custody in this situation? My daughter's mother is abroad and have never been to the US. I brought my daughter with me to the US in 2002 with the intent of her following us and moving to Illinois. I had filed a petition to get her a visa. She got into drugs and got pregnant by another man so needless to say, we broke up. My daughter stayed with me due to her mother's issues with drug addiction with crystal meth and has been in and out of rehabs for the last 8 years.

I know I have custody by de facto but how do I go about making this all legal?
Why does this become an issue now?

You need an attorney - your situation is too complex for an internet forum.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? IL

How do I file for custody in this situation? My daughter's mother is abroad and have never been to the US. I brought my daughter with me to the US in 2002 with the intent of her following us and moving to Illinois. I had filed a petition to get her a visa. She got into drugs and got pregnant by another man so needless to say, we broke up. My daughter stayed with me due to her mother's issues with drug addiction with crystal meth and has been in and out of rehabs for the last 8 years.

I know I have custody by de facto but how do I go about making this all legal?
I ditto Zig, why is this an issue now? Is there any problem with your daughter's citizenship? Were you not married to mom? If not, I cannot think of anything that formal custody would give you that you don't already have.

Not that there is anything wrong with getting custody formally, but it will be more complicated with mom being abroad.
 

microbes

Member
It's really not an issue now. I got remarried in Illinois and actually just got divorced... there were a lot of issues with the custody of my kids and thought I'd do this just to protect my daughter. BTW, I think I can get the mom to sign over custody papers!
 

mistoffolees

Senior Member
It's really not an issue now. I got remarried in Illinois and actually just got divorced...
I hope that's not the order you did it in.

there were a lot of issues with the custody of my kids and thought I'd do this just to protect my daughter. BTW, I think I can get the mom to sign over custody papers!
Then have your attorney draft papers and have Mom sign them and get them notarized, then submit them to the court as a stipulation.
 

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