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I have a question for an immigration and family law attorney…

I have a question for...
I have a question for an immigration and family law attorney in reference to taking my newborn baby to China for one year to stay with her grandparents.
Details:
My daughter’s mother is from China and I have agreed to allow her parents to take care of my daughter for one year, I will fly with my daughter to China to take her to her grandparents.
My daughter’s mother has agreed to give me full legal custody I am in the process of securing a passport for my daughter.
Are there any legal challenges are circumstances that I am facing in reference to allowing my daughter’s grandparents to take care of her for one year?
Are there any additional documents that I need to secure?
What about visa?
My daughter’s mother has overstayed her visit and she has applied for refugee status.Thank you so much for your assistance,
Bill Garner(###) ###-####**@******.***
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Answered in 2 minutes by:
11/13/2017
Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,213
Experience: Knowledgeable in all aspects related to family law matters.
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Is the mother of the child going back to China with the baby? Or is she staying in the US?

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Customer reply replied 7 months ago
She is staying in the US she cannot leave the country until she gets her green card
Customer reply replied 7 months ago
Good question what if she decided to go back to China during that year and not come back to the US?
Customer reply replied 7 months ago
Since the baby is a US citizen
Customer reply replied 7 months ago
Could she file some type of affidavit and secure Chinese citizenship for my daughter and for my daughter not to be able to leave China

OK, thanks. My name is***** have over 12 years of legal experience. Please allow me some time to prepare a response. Keep in mind that a normal part of dealing with complicated legal issues is that you might experience some delays. Please do not opt me out expecting a faster response. This will only result in further delays. Thank you in advance for your patience and understanding.

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Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: China is not a party to the United National Hague convention on international child abduction. That also means it is not a member of the convention for the purposes of unlawful retention. What that means is that it is entirely possible that she decides to go back to China and retains the child there, indefinitely. There would be little to nothing you can do to recover the child. Yes, even if you are granted full legal custody by a court in the US. China does not have to honor that custody agreement.

If it were me, I would not take that chance.

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Longhorn Lawyer
Category: Family Law
Satisfied Customers: 13,213
Experience: Knowledgeable in all aspects related to family law matters.
Verified
Longhorn Lawyer and 87 other Family Law Specialists are ready to help you
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Customer reply replied 7 months ago
Let’s do a call and yes I will give you 15 stars
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