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Culture War Roundup for the week of April 21, 2025

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Can the father or SIL not go pick the 2 year old up from Honduras at a later date if that's what the mother and father decide they want to do?

If the father were legally in the United States, sure. It seems likely he is not, so if he leaves the country he will find it difficult to come back.

It sounds like the SIL is legally in the united states. With notarized parental consent letters on both sides and the 2 year old's passport I'd be surprised if there was any major issue in having the SIL pick up the kid and bring her back to the US to dad.

I doubt the notarized consent would be easy to get from mom, but that's because this sounds to me like a custody battle.

It sounds like the SIL is legally in the united states. With notarized parental consent letters on both sides and the 2 year old's passport I'd be surprised if there was any major issue in having the SIL pick up the kid and bring her back to the US to dad.

That depends on the Sister-in-Law's actual relationship to the mother, not the father.

The SIL and the mother do not necessarily have any legally relevant relationship. This is where the implication of the mother and father never being characterized as married potentially matters.

If the father's SIL is in fact the mother's sister, then as you say it could be legally simple to reverse if the parties are in agreement. That is not the same as administratively simple- I'd be surprised if the child has a passport- but

If the sister-in-law is a SIL due to the father marrying someone else- a currently undisclosed woman who would be unsympathetic to the narrative- then the analogy would be more akin to an adoption than familial custody.

The SIL's job in this case is "accompany the kid on the plane ride from mom to dad after both of them write consent letters and get them notarized". As long as both parents do that I expect the airline will be fine with it, and once the kid lands in the US she can't be denied entry into the US.

I don't expect the mom to agree to that, to be clear.

I think what is complicating this is that it's not the usual "who gets custody of the children after a divorce" or "who gets custody when the children are removed because of neglect or abuse" type case.

If the parents aren't married and the kids are living with the mother, and the mother and older sister and the father are not US citizens/have no legal right to be in the country, then handing over custody (temporary or longer) to the citizen sister-in-law is a different kettle of fish.

The SIL's job in this case is "accompany the kid on the plane ride from mom to dad after both of them write consent letters and get them notarized".

Not quite. Remember- the father was not asking for custody for himself. The father was asking for custody to be transferred to his sister-in-law. And this sister-in-law who is supposed to be taking both escort and legal custody has no established relationship to the mother, only the father.

A notary might be able to help the plane ride in abstract, but a notary cannot transfer formal or de facto legal custody from a mother to a potentially unrelated citizen of another country. Since the purpose of the plane flight is to remove the mother's custody of the child, after she (reportedly) indicated to the US government she wanted to retain custody...

Since the purpose of the plane flight is to remove the mother's custody of the child, after she (reportedly) indicated to the US government she wanted to retain custody

Then the mother will probably not sign a notarized consent letter, yes.

My point was that if both parents decided they wanted the kid to grow up in the US with the SIL that is still something they could arrange. Emphasis on the word "if".