US Government attittude to moving minors overseas

[ellipsisblack]

Searches used: I wandered around various CPS (and variant) websites, and googled "taking minors overseas", "moving overseas guardians" and a few other options which yielded a bit of info about Visa/Passport applications. I also had a bit of a fish through the tags for the community

Comments

[pdlloyd]

I don't have any definite answers for you, but I know that when my ex-husband took our minor children to Spain, I was never asked to sign any documents. On the other hand, he probably should have, as indicated on this form from the US Passport service.

Also, I believe that if the child's father agrees, it should not be difficult for a young man in his twenties to obtain guardianship. When a high school friend (age ~16) of mine lost the last of her parents, her eighteen-yeer-old brother was given guardianship.

[ellipsisblack]

Hey, thanks! I think that once I know what the guardianship arrangements are, it'll be easier to figure out the second question. ;) But yeah, it does seem like guardians, all/both of them, would need to front up before she could get a passport, since she's under 16. Fortunately, the father is pretty irrelevant to the story, so I can manipulate his position a bit to get the outcome I want. At the same time, I don't want him to be a complete unrealistic jerk.

[notjustaparent]

If he's moderately irrelevant, why not have him be supportive? He could acknowledge that his son makes a better guardian, or there could be a specific reason that he cannot retain guardianship of his daughter (maybe he works on an oil rig or as a news anchor in Iraq), but he could also see his son's move as an opportunity for his daughter, as well as his son.

[phoenix_hawk]

I've worked in family law and other things as a legal intern, and while I can't address your situation, I can probably get you started. None of this should be construed in any as resembling meaningful legal advice, as A) I'm not an attorney, and B), this is more or less off the top of my head

[ellipsisblack]

Hm, it didn't even occur to me that the father would be expected to pay child support. The MC is definitely the kind of sibling a judge would inclined to give guardianship to, but the complicating factor is the father, who is the girl's father but not related to my MC, and hasn't really been in either of their lives, although the girl knows him and has met him

[phoenix_hawk]

FOr the record, double-checking things, I was wrong about the Guardian Ad Litem. That is for use in representing a child in a specific matter, not for a general guardianship >_<. Hence the A) and B) warning, but...

It seems in your example that perhaps the father is the mother's first marriage or an outside fling, and that the son would be the product of a later relationship?

My experience is mostly limited to protective orders and custody issues both intra and interstate (but limited to US jurisdiction). You may need to look at international treaties between Australia and the US, if you want to get into it. It may well be sufficient to just have the Australian authorities contact the nearest American Embassy in the matter and dump the problem in their lap, though I don't know how realistic that is.

[pdlloyd]

It seems in your example that perhaps the father is the mother's first marriage or an outside fling, and that the son would be the product of a later relationship?

Actually, given that the MC is the older sibling, I think the sister's father had the later relationship with their mother and is (if he married the girl's mother) the MC's step father.

[cheshire23]

You'd want to look at both Australian and U.S. regulations for a situation like your second question, I think.

[ellipsisblack]

I am Australian myself, so I am more aware of the Australian aspect; plus, I know where to look for their policies. ;) The Australian immigration people would ask for authorisation from the guardians of the kid (ie, a notarised letter), but basically, since the MC is coming to a job, and has a work visa and residency permit, there would be no problems from the Australian end. ^^

[imayb1]

Your MC can be his sister's legal guardian. Specific details may vary by state, but the general requirements are adulthood and the means to provide for a dependent.

As the fifteen-year old's legal guardian, he should take her with him or provide temporary guardianship to another.

If your MC is the guardian, the rest of this is probably moot, however, a parent or guardian can assign temporary guardianship to another via ... a sort of permission slip written by the permanent guardian. When my in-laws have taken my daughter overseas, we have always written up one of these-- and my father-in-law is an attorney. :)

[entelodont]

CPS would not be involved unless there is an allegation of abuse or neglect.