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US resident, have a baby with a Polish girl. Need help on Polish Passport.


sean747    
26 Feb 2010  #1
I am a resident of USA. I have a baby with a Polish girl in USA. We are not married but live together and take care of our son together.

The mother is trying to get a Polish citizen ship for my son who is a US citizen. She has started the registration process of having his Birth Certificate registered in Poland/Consulate.

I am fine with that, however I want to make sure that the baby does not get a Polish Passport, as she is fining ways to leave with my son from USA permanently.

Does any one know that can a minor who is not physically present in Poland get a passport, also can he get it without fathers permission.

I have also heard that since we are un-married and I not polish, she can claim in the local courts that I am absonding and or mentally abusive. And then Poland will issue a passport in Poland. Scary part is that I want even know if their is a court case against me.

Any one please help, I dont want to lose my child. What should I do.
beelzebub - | 444    
26 Feb 2010  #2
Get a lawyer now man. Also look into the Hague Convention...I am not sure if Poland is a signatory yet but it has some agreements between signatory nations when it comes to kidnapped children.

I can't tell you if she can get him a Polish passport from a consulate in the US but my gut is saying she can. I would get a lawyer right away and try to get something documented that you fear she will attempt this. That way there is a trail if she does try to leave with him.

You are correct in that once she has him in Poland she has the high ground as laws always favor the local parent. However you are not totally screwed if she is able to get him out of the USA you will just be in for a bigger and more expensive battle.

Try these links to the US State Department and make sure your lawyer researches the Hague Convention articles that deal with abduction:

travel.state.gov/family/abduction/prevention/prevention_560.html
travel.state.gov/family/abduction/abduction_580.html
travel.state.gov/family/abduction/country/country_515.html
krysia 23 | 3,059    
26 Feb 2010  #3
I am not sure if Poland is a signatory yet

Yes Poland is in Hague convention
Who has custody of a child? If you both do, she cannot leave without your signature, if she does she commited international kidnapping.
Is she here legally?
Talk to a lawyer
If you are not married then until you go to court and have a blood paternity test done, You are only the PRESUMED father and have no rights to the baby. Even if you signed the birth certificate. She can do whatever she wants. I suggest getting the test ASAP and getting into court to establish paternity. Of course this will also mean they will set a child support order for you.
f stop 25 | 2,514    
26 Feb 2010  #4
Are you listed as the father on the baby's birth certificate?
OP sean747    
26 Feb 2010  #5
Yes I am listed on the Birth Certificate, He also has my last name, and I signed the Voluntary Acknoledgement of Paternity......I have confisccated the US passport, so she cannot travel with the US passport. My concern is about getting a Polish Passport.....?

Any more guidance will help

We live together and at home evertyhing is normal. We both are good parents and focused on our kid. But behind the scenes she is wanting to go to poland and trying to find ways. Polish Counslate in chicago has already denied her Passport from Chicago. The child has my last name, I am on the birth certificate and I also signed the Voluntray Acknolwegdment of Paternity at birth.

From what I read on the Poilish Counlstae website, she need to have Sole Custody before she can get a Polish Passport without my permission. She does not have that.

Any insght?
Varsovian 92 | 634    
26 Feb 2010  #6
You live together and you live in a state of distrust!

What sort of person, let alone parent are you? Get real, get married and show some trust. The race of life is tough enough without starting it off by shooting yourself and your nearest-and-dearest in the foot.

Stop setting yourself up as a victim. Settle down PROPERLY and start having some real fun.
OP sean747    
26 Feb 2010  #7
She is not here legally, but is currently married to a US citizen. They plan to start the process of getting her legal soon.

However she still lives with me and we take care of our son together.

I would like to but she was Illegal and I am not a US citizen. She chose a diffrenet route and got married to a US citizen and soon will start the process of getting legal.

We still live together beucase we both want to be active parents. (her marriage is something she deals with indpenedtly - I have no clue or interference). Just making sure our son get the right attention.

She wants to get to poland, so she can see her family. I would like for her to do so and have my son meet their grand parents, but not at the risk of losing him. The grandp[arents visa keeps getting denied

I know looks, like a sick and complex situation...trying to make the best for our son.

We live like two Friends (Parents) . Our romatic relatinhsip is dead.
Varsovian 92 | 634    
26 Feb 2010  #8
Jeez - I'm so glad not to be in your shoes.
She needs a divorce, you want true love ... recipe for disaster. Either you two sort yourselves out now or you'll split and you'll end up as a statistic - one of those fathers that has no contact with your kid after 5 years separation.

Stark, raw etc but that's the way you're heading unless you're substantially different to 95% of people in your situation.

Takl to her and find out whether she's serious about forming a stable home - if not, no info on passports, residency etc is going to help you stave off the inevitable.

Honesty is the best policy.
ShortHairThug - | 1,103    
26 Feb 2010  #9
We live together and at home evertyhing is normal. We both are good parents and focused on our kid.

If that was the case there would be no need for this.

I have confisccated the US passport, so she cannot travel with the US passport.

But this just can’t be since you stated……

She is not here legally, but is currently married to a US citizen. They plan to start the process of getting her legal soon.

You contradict yourself on so many levels it’s not funny. She is right to get away from you as soon as possible and save her chilled from potential future abuse on your part. With every post you dig yourself a deeper hole. One can only conclude that whatever the situation might be you’re not mentally stable. I just hope that she succeeds.
dwwd 1 | 13    
26 Feb 2010  #10
You should write a letter to every polish consulate in the US stating that you are against your child recieving a Polish Passport. this letter should state your fears of him being kidnaped, adn it should be registred in some way.
banderias - | 16    
26 Feb 2010  #11
i didn't understand man. İf your son born in US your son would became a US citizen. and she can travel most of country without visa. (except iran, colombia, cuba) so why do you panic?
caprice49 4 | 224    
26 Feb 2010  #12
live together and take care of our son

Be careful for Polish law does not acknowledge the Hague Convention regarding a parent absconding with a child - in a nutshell it is not illegal for a parent to kidnap his/her own child. Should this however happen it is important action your side is taken within a year. Under the Convention it is possible to bring back the child within a year provided you know it's whereabouts.

However, it may be possible for you to make the child a ward of court which will prevent this happening. Talk to lawyers as soon as possible.
LBF    
26 Feb 2010  #13
Wow SHT.. you're some piece of work yourself. I hope you never have the lives of people or families depending on you. Your judgment clearly stinks and you seem filled with hate. Whatever your trauma is don't project it on the rest of the world.

As far as a passport, you should call the Polish Embassy yourself and talk to them directly about your concerns.

Poland has signed the Hague Convention but they are not compliant with it. Do not count on the Hague Convention to get your child returned to the US in the event she does decide and succeed in taking him there.

Good advice from Varsovian btw..
OP sean747    
26 Feb 2010  #14
Thanks Guys.

I have talked to her and she eventually wants to have a family with me, but behind the scenes I am finding she is doing things quitely. EG, I found a paper where she was giving authroization to her parents in Poland to establish my son as a Polish Citizen without my knolwedge.

I dont want to fight for custody, if I have to I will. But first I just want to take Preventive action, before I go to US courts.

Thanks to all for being supportive. I will check the state depratment site, call the polish counsalte.

However if any one knows anything about Polish Citizenship/Passport (laws) - please provide some insight.
Harry    
26 Feb 2010  #15
Wow SHT.. you're some piece of work yourself.

He's just another pawel twat. To them any time there's conflict between a Pole and a non-Pole, the Pole is always in the right and they must always support the Pole.

Sean: get a lawyer. It is that simple.
lukaszpoznanski 10 | 39    
26 Feb 2010  #16
Sean: get a lawyer. It is that simple.

Absolutely. Catagorically. ASAP. If you're of limited means, get in touch with lafchicago.org - they're non-profit and practice both immigration and family law.
Softsong 5 | 495    
26 Feb 2010  #17
Apparently the baby has a USA passport, but not the Polish mother. The baby was born in America and so has a right to an American passport.
ShortHairThug - | 1,103    
26 Feb 2010  #18
I agree get the lawyers ASAP they will order you to take paternity test which will definitely prove you’re not the father of the chilled, not legally married to the mother therefore you have no rights whatsoever, not to mention your legal status and see for yourself how it will play out.
beelzebub - | 444    
26 Feb 2010  #19
Dude if you are not a US citizen the US State Department is not going to help you. I wasn't aware how convoluted this was when I suggested that with those links.

You really need a family law lawyer since you are not a citizen, not married to her, she is illegal....my god what a mess.

You need to find out what rights you even have as a parent. All states have different laws regarding this and the fact neither of you are US citizens muddies it.

When you said you confiscated the US passport you mean the child's US passport correct? As it reads the child is the only US citizen here.
OP sean747    
26 Feb 2010  #20
Yes, I confiscated the US passport. You are right it is muddy and extremely stressful. Not knowing what could happen and when I could lose my son. Scared that one day I might come home and she might be gone with my baby using a Polish Passport.

Even if I contact the state department, apparently in Poland you can do a name change. With no one speaking english in that country (Govt offices etc), I am just stuck.

I think lawyer would be the next best option too
beelzebub - | 444    
26 Feb 2010  #21
I would go put that passport in a safety deposit box at a bank and give the key to your lawyer so it's not in your home.

I would also register the child with that link I gave above that registers the child's passport and flags it if someone tries to take them.

You know...since she is illegal all you can report her to ICE as long as you are sure you have legal rights to the kid. She has no legal grounds to bargain or dictate anything. But be sure you have verified you have legal rights as a parent in your state because it varies.
OP sean747    
26 Feb 2010  #22
Thanks. I did verify my status and am safe. I have tried to not report her to ICE becuase then she would be deported potentially and my son would lose his mother. Unless she want to leave the country on her own without my son, I am fine but dont want to force my son to live without a mother.

I am starting to read and contact the information you gave me on State Separtment, very hlep.

Thanks

Thanks to everyone for your guidnace and concern. Appricate it.
delphiandomine 85 | 17,646    
1 Mar 2010  #23
Thanks to everyone for your guidnace and concern.

Just to let you know - you can contact me at office@lindenia if the worst happens and she manages to get him to Poland. Normally I'd charge for finding people, but if she flees with the baby, I'd be happy to hunt them down for the cost of expenses if you hit a brick wall.

No time for such people - especially as you're right to fear that she could just vanish in Poland.

Can you not contact the Department of Homeland Security and ask them to flag the name/date of birth of the child, to make sure that she can't flee with it? I know the USA doesn't have exit checks, but they might be able to do something for you.

You do need a lawyer - but - if you can, get her parents details. She'll more than likely attempt to register the child to her parents address in Poland if she flees - and this should make it a piece of cake to track down the child if so :)

Are you an EU national by any chance?
OP sean747    
2 Mar 2010  #24
No, I am not a EU national. Actually I am a Indian citizen, resident of US though. I Have her parents details and her residence address in Poland. If worst case scenario happens, then their is no way to get back the baby, even uner the Hague rules. Poland is a non compliant meber, and also, they would not seprate a baby from mother even if she took her illegaly. Apparently even if mother broke the law, its not considered kidnapping.

I have contacted the homeland security and put my son on the passport issuance program. I also have a call into seeing of I can put the mother on a departure list (non-us citizens).

By the way, thanks a lot for your offer. Really apreciate it.In worst case scenario, I will definately need someone like you to help.

Hope the situitaion does not come to that.

Thanks
Exiled 2 | 425    
2 Mar 2010  #25
Again polish interracial scat?
maguire    
13 Mar 2010  #26
I am Polish and I have dual citizenship USA and Polish. Nothing is wrong with dual citizenship, opens wide door to Europe-your son will be citizen of Europe and USA. Don't you want the best for your son?

You can not take away legal documents of any person ,for any reasons, so give her passport back -Be a MAN not coward. She can report it to the police and that will open "can of worms".
aggie325    
17 May 2010  #27
Sean,

She can take your son out of the country at any time on US passport, which is in your hands. Polish passport is not possible to obtain without father's signature. Unless she has some super special connections in polish gov offices and those are hard to come by.

I think you guys need to talk and establish what is the best for the child and his future. She does not need to leave the country for you to not see your child for years. USA is a huge country and many placed to hide if she wants to.

You both need to figure out what you want to do with this situation.
I have a feeling that if she is continuing with her marriage and paperwork, she does not want to go back home. So you have no reason to worry so much.

Just talk. You can figure this out together. And if she still decides to leave you just make sure you stay in touch, this is the best you can do for the child.

You cannot stop her. Going all over the place with this subject will only make her mad and she will hate you. You don't want that for your child.

Good luck!
wiktusz 1 | 9    
17 May 2010  #28
Why dont you just go live in Poland??? It really is the only solution, because you can't deprive your child of his mother. That is extremely selfish. This could become a bigger problem than it actually is.
haski    
16 Sep 2010  #29
This guy needs a good doctor whatever he is writing does not make sense,sounds like panic I feel sorry for this woman.....
gkashuba - | 4    
11 Oct 2010  #30
Hi I am George kashuba an australian living in Poland, i have applied for Polish passport.
If you now of anyone who needs to get Polish passport,it takes 3 ~`4 months.

Regards

George

kashubag@yahoo.co.uk


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