DIVORCE

Answer:

Procedure for cancellation of adoption is regulated by Art. 140-142 of the Family Code of the Russian Federation. Adoption can be terminated only by court order and by serious reasons. Usually termination of adoption is a punitive measure applicable to parents who evade discharge of their parental obligations, abuse parental rights, abuse adopted children, or are alcohol or drug addicted.

However a court may also cancellation adoption by other reasons. According to Art. 141, par. 2 of the Family Code of the Russian Federation a court is entitled to terminate adoption of a child by other reasons taking into account child's opinion and if it is in the best interests of the child.

Thus, notwithstanding that fact that the wish of adoptive parents to cancellation the adoption is not a direct and unconditional reason for such termination it may be done “by other reasons taking into account child's opinion and if it is in the best interests of the child”.

If a court comes to a conclusion that return of the child to Russia is in his best interests a corresponding court order will be issued and it will lead to the following:

- reciprocal rights and obligations of the adopted child and the adoptive parents and their relatives (including grandmother) will be terminated by court order;
- the child will be returned to his parents by court order. If he has no parents or return of the child to the parents is not in his best interests, the child will be taken care of by guardianship institutions;
- the court will also decide whether the name given to the child after adoption will be changed.

You should also keep in mind that the court is entitled to lay an obligation to pay child maintenance over the former adoptive parent (your daughter) in accordance with the procedure established by the law. Therefore after termination of adoption in Russia your daughter may be obliged to pay child support until the child becomes 18 years old.

In interests of the child the court can resolve adoption of the child by other family, without returning the child to Russia. In this case I see an alternative way of dealing with your problem. Many families in America dream of adoption and your child may be adopted by another family, in this way he will be able to live in a family in the USA.

For any actions concerning this child it is necessary for you to receive approval of Russian authorities.

Karina Krasnova

Answer:

If no court decision determining with which parent the child would live with after divorce was obtained then it should be obtained now. Such court decision is enough for the purpose of obtaining a US visa for the child together with the mother.

Father's consent is not required according to the general rule of exit from the Russian Federation. As K1 is a non-immigration visa Russian authorities will consider such exit as a temporary trip abroad. If the father is against child’s exit from the country he should submit a written application to the Border Service of Russia. If he does so the child will not be able to leave Russia until this issue is settled by judicial means.

The safest way to resolve such conflict with the ex-husband is to terminate his parental rights to the child. This is possible when the father evades of upbringing the child, doesn't pay child support or the child support paid is below the minimum subsistence level and is not enough to satisfy child’s needs. If this is the case, you should gather evidence that the father does not take part in upbringing of the child, doesn’t meet the child, doesn’t keep in touch with her, doesn’t pay child support, doesn’t give presents. If father’s parental rights are terminated by the court your fiancée will be able to take any decisions concerning the child without regard to father’s opinion.

If required I can prepare a claim for determination of child’s residence or termination of parental rights. We will also be able to carry this case in court and our US partners can prepare all documents required for the interview.

We will be glad to help you.

Karina Krasnova

Answer:

According to Art. 128 of the Family Code of the Russian Federation minimum age difference between an unmarried adoptive parent and an adopted child is sixteen years. Due to reasons considered by the court to be cogent the difference can be reduced. Age difference is not taken into account in case a child is adopted by a step father (mother).

Karina Krasnova

Answer:

The adoption proceedings in Russian courts are not difficult but there are some particulars in such proceedings with foreign citizens. The procedure will take at least six month. Perhaps, it will take some more time. It will depend on specific facts of the case, city and court where this case will be considered. If it could not be possible to receive the father's consent, in any case you can adopt your wife's daughter in court. But this procedure will be rather more difficult and longer. The necessity of presence of you, your wife and her daughter in court will be found out during proceedings. Your lawyer in Russia can try to make this case to be considered without you based on yours and your wife's power of attorney. Also court will require to know the opinion of your wife's daughter because she is older than 10. Finally, the question about the presence of your family in court will depend on court considering this case with public prosecutor.

Karina Krasnova

Answer:

Your wife is right, Sidorov is correct spelling of your last name in Russian. That's because I looked thoroughly that no one error made in your documents. Vosstania 6 of course screwed you up.
Circumstances? If you sell your property no any circumstances will be. You make your passport translation the same as your last name showed in documents for apartment and sell it.
But if you don't plan to sell the apartment in this case some problem likely can be. There will be variant reading in all documents: marriage certificate, will, your wife's passport (if she changed her last name). And of something happens with you, your wife would have to prove than man with last name Sidorov is the same person as with last name Sydoroff. Often such issues are taken to court.
And it's better for you to secure yourself and your folks of possible problems in future. I think you need to make correct translation of your passport and based on this make changes in Unified state registry of real estate rights. If they decline (but likely not) in this case you can force them to make changes base on court decision.
Of course I can help you in this matter.

Karina Krasnova

Answer:

Unfortunately, to be born in Russia is not an absolute ground to get Russian citizenship. Child born in Russia from foreign citizens can get Russian citizenship by birth in one and only case (Article 12, part 1, paragraph “g” of Law of Russia “About Citizenship” – child gets Russian citizenship by birth if at the date of his birth both parents live in Russian and have foreign citizenship and the country of citizenship of parents cannot give the citizenship to child. So, in order to get Russian citizenship by birth in accordance with the above ground two conditions should be maintained: 1) Evidence that you cannot get citizenship of your country to your child; 2) Evidence of living of both foreign parents in Russia. If the above evidence is shown, a paper about citizenship would be issued to parents at place of living of their children in Russia. In accordance with Paragraph 4.1 of Direction about procedure and issuing of papers to birth certificate about Russian citizenship of child (order of MVD of Russia No 257 from April 18, 2003), in case of getting Russian citizenship by birth to child, the opinion about results of checking of conditions about availability of Russian citizenship by child is required”. Based on the above requirements, I think it’s unlikely to get citizenship to your child. About possibility of getting Russian citizenship in future -- in accordance with Article 6 part 3 paragraph 1 of Law of Russia “About legal status of foreign citizens in Russia”, without quote adopted by Russian government, a permission for temporary living can be issued to person born in Russia. After receiving of this permission for temporary living, the foreign citizen can get permanent residence in a year, and then living in Russia for required time and having permanent residence he gets Russian citizenship. But there is a requirement in this case that foreign citizen should address to proper body in his foreign country with application to reject his current citizenship. This rejection of other citizenship is not required if it’s provided in an international treaty of Russia, Russian Law about citizenship, or this rejection of other citizenship is not possible because of independent from the person reasons (Article 13, part. 1 paragraph ‘g’ of Russian Law “About Russian citizenship”).

Karina Krasnova

Answer:

The adoption proceedings in Russian courts are not difficult but there are some particulars in such proceedings with foreign citizens. The procedure will take at least six month. Perhaps, it will take some more time. It will depend on specific facts of the case, city and court where this case will be considered.
If it could not be possible to receive the father's consent, in any case you can adopt your wife's daughter in court. But this procedure will be rather more difficult and longer.
The necessity of presence of you, your wife and her daughter in court will be found out during proceedings. Your lawyer in Russia can try to make this case to be considered without you based on yours and your wife's power of attorney. Also court will require to know the opinion of your wife's daughter because she is older than 10. Finally, the question about the presence of your family in court will depend on court considering this case with public prosecutor.

Karina Krasnova