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Family Law: termination of parental rights, rights of the child, child support. (Russia)
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Question

Thank you for your quick response. I was hesitant to contact you since your specialty is Divorce, but after reading your website and biography I am very confident that you have the skills in Russian American Marriage, Family Law, and related Child Support to be best suited to give us a quality initial consultation. This is a situation where you may be able to help bring a marriage together and or help a Single Russian Mom who loves her children and likewise they love their mother obtain a fair level of child support.

What is most important to us is that you provide a good initial consultation along with financial estimates for any legal work you may foresee so I can compare with my budget and make decisions. For example I am forecasting budget as it pertains to processing and filing fiancé Visa along with K1 children immigrant visas for my Russian Lady Friend and her children. Because children are involved and fathers may or may not be co-operative if that is a requirement, I want to be conservative as it may be better for me to divert these funds into child support issues if it’s determined that you might be able to help her obtain more child support to ease the difficult situation she is in.

I want what is best for her and her children and for them to have a fair chance at future success as a family with or without me. So I guess to generalize, we are looking to get advice for the following questions:

1. Is there a “reasonable path” that she could follow for her and her children to relocate to the USA as some point in the future. If we have to get the permission of fathers for her and I to marry and keep the children together, my feeling is that its probably better to retain a Lawyer to professionally handle the process since “emotions” are removed and you are expert in the Area of Russian Family Law and the Art of Negotiation.

2. If there is not a “reasonable path” for her to come to USA per # 1, is there a “reasonable path” where you may have legal tools available to help her obtain higher child support from her children’s fathers to ease her hardship. My understanding is that her 8 year daughter’s father pays equivalent to 1 USD per day in child support and has had no involvement with daughter for several years. She explained to me that he is remarried has children by that marriage and works for his brother who helps him conceal his real income both tangible and intangible. Regarding her 3 year old Son’s father, it appeared to me during my discussion with her that he makes a “good faith” attempt to voluntarily pay a reasonable child support amount but its always based on how much he is willing to pay and when and if, which leaves her always in a “perpetual state” of if she will able to feed her son the following week and so on. I did some basic Google research and noticed a Russian Law that states 25% of income should be paid per child regarding support, I have no clue if the Russian legal systems leaves you as Lawyer with any discovery and or enforcement ability that you can avail to help her and her children.

3. If there is not a “reasonable path” for assisting her regarding items # 1 and # 2 we would appreciate your honesty in stating that. It allows me to write off the fathers and solely focus on helping her with the resource I have available. I had told her that I am supportive of her regardless if I will be able to marry her if she wants that and if I will only be a distant friend that is there in the background to catch her fall and do my best to help carve a path towards a positive future for her and her children.

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Answer

Dear Louis,

Thank you for your payment.

According to the immigration issue. If your goal to bring your fiancé to the United States, she don't need to highlight the child support issues. Because both fathers doesn't support their kids, it will be easier for you to get visa for her and children. Sometimes it is possible to get visa without fathers permission, because this matter remains at the discretion of the immigration officer. You can speak with my partner, who is immigration attorney and can help you to get visa without father's permission. I can provide, if needed, my legal opinion to support that de-facto she has sole custody and than she can make decisions according to her kids. My legal opinions are acceptable by USCIS.

I believe it will be best way for you. If she will share her plans with fathers, she potentially can get troubles because they can stop everything. She has too small chance to win relocation case from Russia to the United States because relationship between two countries not the best at this time. Therefore, it will be better just move, if she can get visa. Otherwise, she can file two cases to deprivation of parental rights against both fathers. If she win, it will be green light for her for rest of her life. I can handle these cases, but, if you have chance to get visa without deprivation of parental rights, to it to avoid any risks.

According to child support. It is very risky to open modification cases from Russia. She can do it at any time letter, after resolving of immigration issues.

I will be glad to help you.

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Karina Duvall
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