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hello, im an international student from Brazil in fort myers, fl and im pregnant. The father my ex boyfriend is american but doesnt not want anything to do with that. He already has a child with his ex wife which he pays child support to. I want to know my rights if this baby is born here in the states and i stay living here what are my rights? What about if I have my child in Brazil? and how about if I have my child here and move back with my baby after the baby is born, do i receive child support? Also to take the baby out of the country even if the baby was not registered by the father only the mather do I need an authorization to take the baby out of the country? Thanks Carla
State/Country relating to Question: Florida Already Tried: nothing
If the child is born here or the father is a US Citizen, the child automatically gets US citizenship. Additionally when the child is born you would apply to the courts to get child support from the father and sole custody as well. Once you obtain sole custody, you can apply for a passport to take the child out of the country and if the father refuses to sign the passport application you would apply for a waiver of his approval through Homeland Security. If you move back to Brazil once child support is awarded, you can still continue to collect it and enforce the order through the international treaties on child support.If you move back to Brazil to have the child, then you would have to prove the paternity of the child to obtain US Citizenship and if Brazil does not have child support laws, you would still have to file for support in the US.
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Thanks
Im thinking about having the baby here since it will be close to my graduation date then i can just leave...i know he wont disturb me to take the baby back..since he doesnt want ...but is this process long? i have to wait to do all of this after the baby is born?
You will have to wait until after the baby is born. The process for citizenship of the baby is instant if it is born here. Getting the passport would require his signature or a court order of custody that would allow you to apply for the exemption from needing his signature. Child support could take some time as well, depending on how much he wants to object and the docket of the court.
im sure he will sign whatever to get us away from here...but the child support may be a problem...but i want my rights...but can take some time you mean months?
but even if the baby is born there i can still apply for the american citizienship for the baby right? and we do have child support there and very strict rules on that...so is that ok that i live there he would still have to pay? Is that true that because its his second child my baby will get way less than the first?
I mean that you can file for support and generally interim support is awarded immediately, but the final order of support can take 6 months to a year. Also, the cost of fighting for support from another country is really prohibitive and complex. However, I am not an expert in the Brazil support laws and the amounts, so you would need to consult someone in Brazil as far as the amounts. If a court in Brazil issues an award, then you will need to go through the US embassy and the international treaties to get the support award enforced here in the US. The US laws merely look at the number of children and his income in determining support, this does not mean the second child gets less, the courts and the laws here strive to make the amounts for each child equal.As far as citizenship, you can still apply for citizenship even if the baby is born there.
last question
where do i go to obtain all this information about child support? do i need a lawyer?
In FL you should have an attorney to make this more efficient and expedient, but if you cannot afford an attorney you can contact the local child support enforcement office in FL and they can assist you in obtaining support. Here are the child support guidelines: http://dor.myflorida.com/dor/childsupport/pdf/poz8.pdf
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