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What happens to my children if the parents die?

Me and my husband are US citizens through naturalization and my children are US citizens through birth. I have no family in US, everyone is in Europe. I wanted to get a lawyer to put together a document for us to say that if something happens to us, the grandparents take the children. Surprise, surprise, US law doesn't allow foreign citizens to take my US citizen children. So I guess they will be better off in foster care than with their own family. Do you guys have any advice for me to somehow get around this law?

Answer Question

Asked by cristinaberger at 12:18 AM on May. 11, 2010 in General Parenting

Level 3 (20 Credits)
Answers (11)
  • Wow...I actually have no clue...but that is messed up. I hope someone is able to help you!

    Answer by ErinHill226 at 1:03 AM on May. 11, 2010

  • I would talk to a lawyer.

    Answer by Anonymous at 7:12 AM on May. 11, 2010

  • Well, you came here? Why? Why won't one of your family members at least come and get citizenship and this whole thing can be avoided? Are they close to your family abroad? Wouldn't it be traumatizing to be uprooted from the only country you have ever known to go to a strange place and live with strangers? I think you should talk a family memeber into becoming a citizen or make a very close friend here that you would trust to raise you children as their own. Good luck.

    Answer by Anonymous at 9:18 AM on May. 11, 2010

  • Go talk to a lawyer!

    Answer by SAHMinIL2 at 9:52 AM on May. 11, 2010

  • talk to a lawyer and maybe you can get it put into a will. Sorry.

    Answer by pagirl71 at 10:02 AM on May. 11, 2010

  • put it in a will & talk to a lawyer..

    Answer by maiahlynn at 10:41 AM on May. 11, 2010

  • I already talked to a lawyer, that's how I know about all this. And yes, my family members met my children, they visit us and we visit them, so they are not strangers. And no, they can not become citizens, it takes 20 years for a family member to become citizen.

    Answer by cristinaberger at 10:48 AM on May. 11, 2010

  • do you have any friends that could take custody of them just to hand it over to your family? or maybe your kids can have dual citizenship & be considered citizens in your home country & the US, then you could give your family the kids if you pass away, through a will

    Answer by maiahlynn at 11:26 AM on May. 11, 2010

  • Surely there is some kind of addendum for family. I am pretty sure I've heard of cases where that type of thing happened. It might be wise to talk to a lawyer about it just because it's obviously a special (or at least not typical) case.

    Answer by mickstinator at 12:05 PM on May. 11, 2010

  • Also, do you or your children have dual citizenship with your former home country? Surely that would play a role in the situation as well.

    Answer by mickstinator at 12:06 PM on May. 11, 2010

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