DIVORCE

Answer:

The answer to this question depends upon who filed for a divorce first. If the divorce was first filed in Russia, you will argue that the Russian action has priority and that court should decide on all matrimonial matters. The Court in Russia may bifurcate your divorce and decide the divorce in Russia and finances in New York. Since your children are in New York, the Court in Russia cannot make decisions about custody of the children or their support.

Natalia Gourari

Answer:

Due to the increasing incidents of child abductions in disputed custody cases and as possible victims of child pornography, Customs and Border Protection (CBP) strongly recommends that unless the child is accompanied by both parents, the adult have a note from the child's other parent (or, in the case of a child traveling with grandparents, uncles or aunts, sisters or brothers, friends, or in groups*, a note signed by both parents) stating "I acknowledge that my wife/husband/etc. is traveling out of the country with my son/daughter/group. He/She/They has/have my permission to do so." See our Q&A parental consent.

* School groups, teen tours, vacation groups.

CBP also suggests that this note be notarized.

While CBP may not ask to see this documentation, if we do ask, and you do not have it, you may be detained until the circumstances of the child traveling without both parents can be fully assessed. If there is no second parent with legal claims to the child (deceased, sole custody, etc.) any other relevant paperwork, such as a court decision, birth certificate naming only one parent, death certificate, etc., would be useful.

Adults traveling with children should also be aware that, while the U.S. does not require this documentation, many other countries do; failure to produce notarized permission letters and/or birth certificates could result in travelers being refused entry (Canada has very strict requirements in this regard).

U.S. Customs and Border Protection

Answer:

The law is that permission note is not required but if they suspect anything they have the right to ask for it. Hence, there are stories about people never having issues at the border and stories of people who had troubles. That is exactly why I always recommend that my clients carry such a letter with them. However, it is not required by law in the US and Russia.

Irina Lust

Answer:

When you petition for K-1 with USCIS (first step in the process) you do NOT need consent from another parent, but in all other stages: interview in Russia, getting green card in the USA, the issue of consent may arise. Consent is not a requirement but they have the right to ask for one. Therefore, having sole custody or letter of consent would be helpful. Since in May, Alena will only have temporary custody that is not an issue at the first stage of the application process. However, it is best to have sole custody by the time of the interview. Perhaps Karina may help you with this issue.

Irina Lust

Answer:

You need a representative to file letters of administration in New York Surrogate Court. This procedure can be long or short depending upon the size if inheritance.

Natalia Gourari

Answer:

- Yes, but you need the Court's permission or
- Assistance of the New York resident

Natalia Gourari

Answer:

An order of protection must be obeyed. A person not obeying an order of protection is subject to arrest if he/she violates it and is violating a court order. If you violate a court order you are in contempt of court.

David A. Bythewood, Esq.

Answer:

No, so long as you cannot be seen.

David A. Bythewood, Esq.

Answer:

No.

David A. Bythewood, Esq.

Answer:

Yes.

David A. Bythewood, Esq.

Answer:

No. An airgun is not a firearm.

David A. Bythewood, Esq.

Answer:

No. That is known as criminal eves-dropping. However, that law applies differently to public figures and public places.

David A. Bythewood, Esq.