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

My fiancee and I will be married in Moscow in December. Then I will file k-3 to bring her to USA. She has a 13 year old daughter. The daughter's father had no contact with the child for over 2 years until I came into the mother's life. Now the father, a well-known University professor, has re-entered the daughter's life. He has convinced the daughter to remain in Russia. If the daughter remains in Moscow with her maternal grandmother when my fiancee comes to America, will my future wife lose custody of her daughter because of our marriage? We are hoping that within a year the daughter will also wish to join us in America.

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Answer

This problem can be resolved only voluntarily. If your wife go to the USA without her daughter she will NOT lose the custody. I believe that your fiancee should impact on the decision of her daughter before. It's because if the dispute between she and her former husband will be brought to a court, the could will consider opinion and position of the child (the daughter is older than 10) and will make corresponding decision.

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