Legal Question in Family Law in Kenya
american father kenya mother kenya law on custody if born in kenya
my question is; american male and kenyian female couple get pregeneant in america out of wedlock. The learn of this jan. 15th 2004 apx. The kenyian mother has recieved a letter from INS to go back home to kenya within 10 days of notice. This was recieved at her house on dec. 1st 2003 apx. Her first medical day of pregeneantcy was dec 15th 2003. She reapplied 2 times to stay in the U.S. and is denied. When reapplying she turned in her I-20 and everything they requested. She currently has an empty Visa with no I-20ect... She is now running from INS in order to stay in america. Can the INS send her back to kenya even tho she is almost 3 months pregneant? Isn't there an international flight law on pregeant women flying at a certain trimester? If she does go to kenya, willingly OR unwillingly, and has the child in kenya. What are the fathers rights and obligations. If he wants full custody of the child can he gain it in a court of law. If so which court of law? He lives in Virgina. Does he have to pay child support. At the moment he wants full custody and then give the child up to be adopted. Is that possible? She will not willingly do either one!!
1 Answer from Attorneys
Re: american father kenya mother kenya law on custody if born in kenya
The mother is obviously in charge of matters with respect to the fate of the unborn child. She continues, however, to be subject to removal proceedings from the U.S. and the mere fact of her pregnancy will not stay these proceedings.
The so-called "international flight law" which you've referenced is, undoubtedly, a pure fiction.
Any rights(or obligations) which the father of the child is able to establish in regard to the child(assuming that the child is actually born)will most probably have to be established in a Kenyan court of law.
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