My Son was born over seas. Need help :(

[Migidy]

I'm a permanent legal resident living in California.
Last Spring I made a new girlfriend, problem is that she was visiting Cali on vacation from Malaysia.
She went back pregnant and gave birth to my son on Feb. of this year, over in Kuala Lumpur.
Everything was fine, she was coming back to the US with my son as planned. I went to Malaysia to pick her up but when I got there she told me our son was dead.
I was very sad and came back alone, waiting for her to arrive later this summer.
I found out she was lying about the baby's death.
Her entire family lied to me too.
I have pictures of a phony grave where my son was supposedly burried with her standing next to it, pictures that I took while there.
This wasn't the first time she lied to me, in the past she lied to me about a miscarriage.
Everything was fine until I went there a few weeks ago.
I think her family is behind this, they don't want her to leave them because they want the baby to stay with them.
I talked to her a few days ago and she apologizes for the whole thing and says that she will come live with me in a few weeks.
But I want to prepare just in case it's another one of her lies. I know that I'm in a very bad situation here, but I was wondering what can I do in a situation like this?
I feel that she and her family plotted a conspiracy that my son had died only to keep him to themselves.
Isn't this sort of kidnapping?
The baby is registered with my lastname in case you are wondering, but there's no father's name on his birth registration. I'm willing to compramize anything to be with my son. I have a descent paying job and I'm currently working on my citizenship while going to college.
I know for a fact that she has no job what so ever and is supporting her entire family consisting of both her parents, 2 sisters, and 1 brother.
By the way, my son has the blood disease "jondas" (I think that's how it's spelled)....

Please, I am in desperate need of help.
I love my son very much and can't handle another day without him.
Any advice is appreciatted

Thank you,

Miguel Castillo Sanchez

 

[LegalBeagle]

I'm a permanent legal resident living in California.
Last Spring I made a new girlfriend, problem is that she was visiting Cali on vacation from Malaysia.
She went back pregnant and gave birth to my son on Feb. of this year, over in Kuala Lumpur.
Everything was fine, she was coming back to the US with my son as planned. I went to Malaysia to pick her up but when I got there she told me our son was dead.
I was very sad and came back alone, waiting for her to arrive later this summer.
I found out she was lying about the baby's death.
Her entire family lied to me too.
I have pictures of a phony grave where my son was supposedly burried with her standing next to it, pictures that I took while there.
This wasn't the first time she lied to me, in the past she lied to me about a miscarriage.
Everything was fine until I went there a few weeks ago.
I think her family is behind this, they don't want her to leave them because they want the baby to stay with them.
I talked to her a few days ago and she apologizes for the whole thing and says that she will come live with me in a few weeks.
But I want to prepare just in case it's another one of her lies. I know that I'm in a very bad situation here, but I was wondering what can I do in a situation like this?
I feel that she and her family plotted a conspiracy that my son had died only to keep him to themselves.
Isn't this sort of kidnapping?
The baby is registered with my lastname in case you are wondering, but there's no father's name on his birth registration. I'm willing to compramize anything to be with my son. I have a descent paying job and I'm currently working on my citizenship while going to college.
I know for a fact that she has no job what so ever and is supporting her entire family consisting of both her parents, 2 sisters, and 1 brother.
By the way, my son has the blood disease "jondas" (I think that's how it's spelled)....

Please, I am in desperate need of help.
I love my son very much and can't handle another day without him.
Any advice is appreciatted

Thank you,

Miguel Castillo Sanchez

If she remains in KL then you need to progress this in Malaysia. If she arrives in the US, then I suggest you legally establis paternity and register yourself as the father. Then, the moment you suspect she is going to leave, you fight for custody/or for the child to stay in the US.

However, I think you are on thin ice on that because the baby was not born in the US and she is indeed visiting.

Curious, how is she able to travel so much to the US and how will she stay?

 

[Migidy]

LegaBeagle,

Thank you very much for the advice.
I understand that this is going to be very tough since my son was not born here in the states.
But at least I can increase my chances of succeeding if I get her to bring the baby here to California.

To answer your question, she's able to come here easily because she has a 5 year visa.
She will be able to stay here with out a hassle if I get legally married with her.
I'm willing to do anything just to have my son next to me.
Hopefully everything works out with our relationship.
I will take your advise and legally establish paternity and register myself as the father just in case she tries to bail out and leave me.

Thanx again,
Migidy

 

[thestepmom]

I pray you will be able to be with your baby

Your situation is so complicated you really should go see a lawyer. They will usually have free consultations. Set up a few free consultations to get as many points of view as possible.

 

[Migidy]

Thank you for your sympathy TheStepMom.
Life isn't fair you know? I've always wanted a baby so bad.
And it's killing me now that I have a son and can't be with him. He turns 5 months old this Saturday, and I haven't even seen him.
Anyways....
Thank you very much for the advice, I really appreciate it.
I know my situation is extremely complicated but I don't really know where to start.
I mean, this isn't a case where any lawyer can help me right? I need to find lawyers that deal with these types of situations. It seems my problem has to go through not only child custody but even through immigration because he was born in Malaysia.

 

[LegalBeagle]

Once you prove paternity, you can then apply for him to receive a US Passport. The immigration part is easy once he is in the US and you prove paternity.

Good luck.

 

[Migidy]

Once again thank you LegalBeagle
Your advice is greatly appreciated.

I just hope everything falls in place....