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

There are more questions which need clarification or comment. I am Canadian citizen. My former wife has dual citizenship - US and Russian citizenship. My former wife and our daughter moved to Russia to avoid US custody order which I have. My questions are:

What happens to my daughters US citizenship, can her mother take this away from her. Also can I get a court order to renew the US passport. As far as the US authorities are concerned, I don't need the mothers permission anymore, she has no legal authority in United States matters regarding my daughter?

Also with Canadian citizenship, the US custody orders are being filed in Canada to give me the same legal rights regarding my daughter in Canada as in the United States. Can I apply for her Canadian citizenship in the Moscow Canadian embassy without the mother as it is not needed or can Russia block both the renewal of her US passport and application for Canadian citizenship?

Is it possible for the mother to remove me from the birth certificate. Is it possible for the mother to change the surname of my daughter from my last name to her without my permission?

Is it correct to assume that my daughter will never be allowed to travel outside Russia until she is 18 years of age. If this is the case, how does she do things such as go with a school sporting team to compete in Poland etc. before the age of 18?

How is child support calculated for a foreign father?

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Answer

I am not US immigration attorney, but I think denationalization is possible by the court order only, and this will not affect your daughter.

If you have sole custody, you can obtain the US passport for your daughter without mother's consent. I do not think you need court order to make renewal of passport.

As I understand, you have sole custody over your daughter. As soon as the mother come to USA, she will be in trouble.

I do not know Canadian rules at all, but this matter has nothing to do with Russia. I also do not see any reason to apply for passport to Canadian Embassy in Moscow. You can apply for Canadian passport for your daughter in Canadian passport agency.

No, this is US birth certificate. She can try to open in Russia the case to make deprivation of parental rights. She might be can win. But she definitely cannot enforce it. This case cannot affect American records.

According to official position of Russian ZAGS authorities, she can do it when your daughter will reach 14 y.o.

This is not true, she is allowed to travel outside of Russia. You can contact Interpol and FBI and ask them for assistance. They can contact Poland authorities and can help you, but you have to ask.

It can be 1/4 of salary, or fixed amount if court has your income information. In general, only settlement will work and enforceable.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
Divorce
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