Friday, September 7, 2012

Can my sister's Cambodian Husband do the following


Can my sister's Cambodian Husband do the following?
My sister was married to an Englishman here in the states in that time they had a child who is currently 5 years old when the child was 2 his dad past away and my sister marry a Cambodian 2 years later in their marriage the Cambodian husband adopted my nephew as his own son however, my sister past away a couple of months ago went to probate and her husband inherit everything she own and had. Our concern is that her husband wants to go live back in Cambodia and wants to take my nephew with him and he doesn't get along well with us can he do this if he wants since everything is legally his and my nephew is legally adopted to him any suggestions please!
Marriage & Divorce - 11 Answers
Random Answers, Critics, Comments, Opinions :
1 :
WOW..talk to an attorney...this is very iffy. He is legally the father...but this is really a different thing. Make him a deal...keep all the money and stuff and give you the kid. I bet he does it!
2 :
Call a Family Law Attorney.
3 :
No
4 :
You could contact his lawyer and see if he wants to let you adopt or foster the child since the child isn't his but your sister's. Too bad your sister didn't set something up so that the child would be taken care of in case of her demise. It's time like these I tell people make a general will and be sure that people are designated to take care of their children. You could also file a suit to keep the child in the United States. Cambodia is no place for a child, its pretty third world, in fact it has the highest rate of HIV in the world.
5 :
You can try to gain adoption of him by terms of these fears and that he has been raised in, and is familiar with the UK. Do seek legal advice, not yahoo advice. Sorry to hear about your loss. Good luck with things.
6 :
no
7 :
yes he can leave with the child he has a right too it unless your sister made a will saying who would get the child but if he is willing to let you take the boy then go for it if not i would go to court over it but more then likely sorry to say it he has a right the boys is his son.
8 :
I'm pretty sure he can do it. As the child is legally his son now. It is very unfortunate you all don't get along, sounds to me like your nephew is going to be losing some family ties. As well as yourself.
9 :
get a lawyer, see to it the child recives half of everything in a trust fund, it was his mom. perhaps file to adopt the child, Cambodia holds nothing for this white boy.
10 :
You need good lawyer jm As your sister has passed away and as her first husband passed away and thus has nothing to do with the whole story, the fact that you don't like your brother in law probably cannot prevent him from going back to his native Cambodia. He adopted your sister's child from previous marriage and thus has the right to take the child (if under aged) with him unless some compelling ground exists that would prove that the child would be subject to maltreatment or persecution. The only persecution I can see from your story is that you yourself do not like your sister's second husband. Presumably she chose him by her own free will and you do not belong in that relationship. I'd try and get on with your brother in law if I were you - It comes a lot cheaper than lawmen.
11 :
If the adoption was final, yes, he can do whatever he wants since the child is legally his. Try being nicer and kissing his butt if you want to see your nephew.






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