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Author Topic: Obtaining Russian Citizenship for a child of a Russian woman once divorce final.  (Read 1182 times)

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Offline Pushkinlov

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Hello members. I must state some facts first.

There is a divorce process going which will be final very soon.
Two children from marriage.  One has already Russian citizenship, the other does not.  Both children were born in USA.
Father will retain legal and physical custody due to mother mental illness.  Mother mentally unable to care for children.
Questions:
1. Is it possible to obtain Russian Citizenship for  second child?
2. Is there any possibility to take children to Russian and retain the sole legal and physical custody once in Russia?
3. What are the pitfalls of this circumstances?
Thanks for comments/ feedback.

Online Confederate

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Hello members. I must state some facts first.

There is a divorce process going which will be final very soon.
Two children from marriage.  One has already Russian citizenship, the other does not.  Both children were born in USA.
Father will retain legal and physical custody due to mother mental illness.  Mother mentally unable to care for children.
Questions:
1. Is it possible to obtain Russian Citizenship for  second child?
2. Is there any possibility to take children to Russian and retain the sole legal and physical custody once in Russia?
3. What are the pitfalls of this circumstances?
Thanks for comments/ feedback.

Hello Pushkinlov, I just would like to say welcome to the forum.

The ones who might be able to answer your questions will be along soon.
Giving money and power to government is like giving whiskey and car keys to teenage boys. P. J. O'Rourke

Offline Pushkinlov

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Thanks Confederate. This requires some knowledge of Russian Law or at least practice with other members' experiences.  :thumbsup:


Online andrewfi

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Find a lawyer dealing with this stuff. Pay the lawyer and work with her.

Free advice is usually worth every penny that you pay for it.
...everything ends always well; if it’s still bad, then it’s not the end!

Online Steveboy

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None of that really makes sense ...

Mother has a mental problem and cannot look after them as she is mentally unstable??

Are you Russian ? What nationality is the wife..if she's American I can understand about the mental problem she may have..bit of a strange story..
I support no government anywhere, ever, never. No institution, No religion!!

Offline Gipsy

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Find a lawyer dealing with this stuff. Pay the lawyer and work with her.

Free advice is usually worth every penny that you pay for it.

Good advice, take heed...

In answer to your questions..
1, Yes..
2, Yes..
3, That depends on several things..

I have some questions of you, which will make the situation a little clearer..
Is the mother or the father a Russian national, or both??
Is the mother prepared to allow both children to leave the US??
Have doctors certified that the mother is incapable of looking after either or both of the children, and has this been certified by the courts??

Best wishes whatever you decide to tell us..
Bridge is a lot like sex, either you need a good partner, or a decent hand... Woody Allen

Offline Manny

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1. Is it possible to obtain Russian Citizenship for  second child?

Any child with one or two Russian parents can get Russian citizenship.

2. Is there any possibility to take children to Russian and retain the sole legal and physical custody once in Russia?

In Russia, Russian law applies. Especially to Russian citizens. They'll not be too concerned what a court in the US once said about a citizenship they don't care about.

3. What are the pitfalls of this circumstances?

For whom?

I think we need more info.
please tell me where I'm being / have been 'dishonest'? 
Yes, he said that.........

Offline Pushkinlov

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Thanks Manny. Mother (a Russian Citizen) does not wish to to return to Russia and decided to go her own way.  In the US she is not allowed to be with children due to safety concerns for children (due to her violent behavior).  So she is out of the picture.  I guess the question is if mother is not in the picture, the child who still does not have Russian Citizenship can obtain it (I have all child's legal documents about US birth certificate, Russian tourist visa because child visited Russia 18 months ago).

I guess the follow up question is if I still could maintain sole custody if I go with children to Russia, so children can study there.

Thanks for comments, at this point I seek insightful comments.

Online andrewfi

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If one of the kids is a boy then be ready for him to be drafted. The draft is being reduced in favour of a volunteer army but he might get a lucky number.
...everything ends always well; if it’s still bad, then it’s not the end!

Offline Fashionista

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My experience in Russia and Canada, when dealing with government, you hardly ever need a lawyer. I guess it's different in the US. I believe it's the Russian embassy/consulate that deal with born abroad children to parents of which at least one is Russian. The simplest thing is to ask the Russian consulate/embassy what has to be done, and they will give a 100% accurate answer for free because they are they ones who are doing it. I am afraid if the wife is considered unable to take care of children, but that was determined by any other court than Russian, that may not work for Russian authorities. However, who knows, ask them.

Offline Pushkinlov

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Thanks Andrewfi and Fashionista.  I am not very concern about the military draft, I want both children to study in Russia and skip US education which is really bad and somehow detrimental to the brain.

Fashionista, the Russian Embassy has been somehow silent about my questions, perhaps because the mother is the Russian side of the equation.  I will ask a couple attorneys from Russia who I know.  I need to have certainty that I will keep the custody of the children if we are in Russia, and that I can get the children in and out for travel in holidays.  I have hospital reports (three) about mother's mental illness, and I am not sure if she had some precedent in Russian hospitals. The alternative would be to go to another country and just wait until they become adults, and then the boy can obtain the Russian citizenship on his own.

I will insist with the Russian Embassy and get facts from them.

Offline Gipsy

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Thanks Andrewfi and Fashionista.  I am not very concern about the military draft, I want both children to study in Russia and skip US education which is really bad and somehow detrimental to the brain.

Fashionista, the Russian Embassy has been somehow silent about my questions, perhaps because the mother is the Russian side of the equation.  I will ask a couple attorneys from Russia who I know.  I need to have certainty that I will keep the custody of the children if we are in Russia, and that I can get the children in and out for travel in holidays.  I have hospital reports (three) about mother's mental illness, and I am not sure if she had some precedent in Russian hospitals. The alternative would be to go to another country and just wait until they become adults, and then the boy can obtain the Russian citizenship on his own.

I will insist with the Russian Embassy and get facts from them.

To get the child Russia citizenship, BOTH parents have to attend the consulate, the Russian citizen makes the application on behalf of the child, and the foreign citizen have to sign to his/her agreement to the application.

To retain "Parental" control of the children whilst in Russia, you would need court orders from wherever (read USA) stating that you have custody of the children, AND that the other parent has given up their "parental rights" (Very Important), along with other doc's namely doctors/hospital/psychiatric reports. (which btw, along with the birth certificates, divorce doc's would probably need to carry an Apostille).

For Russia, being a foreigner, you would need the relevant visa for any prolonged stay.

As with all things Russian involving the courts, should your ex decide to return to Russia whilst you are in the country and challenge your Parental rights, who knows what the judges would decide.

In all seriousness, it may be better for you all to seek a different country to live..

Good Luck..
Bridge is a lot like sex, either you need a good partner, or a decent hand... Woody Allen

Offline Pushkinlov

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Thanks Gipsy, and that is precisely my fear.  If there is no warranties for me to have control on the children in Russia, I will wait until they become adults so they make a decision on returning and having opportunities.  What I want to do is to buy an apartment for each of them so they don't have to worry about where to stay.

I have legal and physical custody of both children from the US, but this means nothing to the Russian government unless there is a loophole based on mother's mental illness (and I have three hospital reports plus Court records attesting to that). What I will do is to try to find answers about this particular matter.  I have already in place plan B and C regarding other countries.  I have been to Russia and spent time there, and Russia is an excellent place to raise children with family values and excellent education, and with minimum push from anybody to expose them to homosexual proclivity such as now happens in the US.  Even though I don't care or pay attention to homosexuals, I want to minimize exposure to them.

Offline Manny

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To get the child Russia citizenship, BOTH parents have to attend the consulate, the Russian citizen makes the application on behalf of the child, and the foreign citizen have to sign to his/her agreement to the application.

When we did this, my participation was vague and not really required. It wasn't essential I was there, she just had to "get it signed" IIRC. From what I made out, if a Russian citizen applies for citizenship for their kid, it'll happen with or without the *actual* involvement of the other parent if foreign. Different consulates may vary of course.
please tell me where I'm being / have been 'dishonest'? 
Yes, he said that.........

Online AvHdB

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I have l I have been to Russia and spent time there, and Russia is an excellent place to raise children with family values and excellent education, and with minimum push from anybody to expose them to homosexual proclivity such as now happens in the US.

Welcome to RUA.

Curious how well do you know the education system of both where you live and that of Russia?

As children move through the Russian/Ukraine education systems you might realize that the American system is superior in the 'high school' years.

I would suspect that you can find a private (public) school that can meet your needs. There is/was such a school I believe in Grand Rapids with a strong Slavic background.

“If you aren't in over your head, how do you know how tall you are?” T.S. Eliot


 

 

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