Leaving Finland, going back to the USA.

mcderjam1 · Post by **mcderjam1** » Tue Jan 27, 2015 3:39 pm

Hello to all,

This is my first time here and I don't know if I'm doing this correctly but I have a few questions. I have lived in Finland for a little over 4 years and I am currently divorced. My ex is a Finnish citizen but not of Finnish origin. We share 50/50 custody of our 4 year old who is a Finnish citizen. I am currently unemployed but KELA does deduct money from my unemployment benefits for child support. Our 4 year old visits with quite often due to the fact that his mom's job requires her to work many different shifts. On an "average" month our child is with me at at least 15-20 days and I don't mind that at all.
I am currently living in Finland but I am strongly considering moving back to the USA. My question/questions is this:

1-Can my ex prevent me from leaving the country if I notify my ex in advance about my leaving?
2-Do I give up my custody by leaving the country?
3-What are my financial obligations if I leave the country and want to return to visit in the future?

I'm afraid that if I notify my ex that I'm leaving that she could do something that prevents me from leaving. All the above questions are relative to me leaving without my child because I know my ex will never consent to me taking our child to the US.
Thank you in advance.

Kind regards!

**Sponsor:**

Elephant · Post by **Elephant** » Tue Jan 27, 2015 7:17 pm

I don't know the answers for 1 and 2. You should consult a lawyer for something this important.

But, for 3 any child support obligations you have still need to be met. The US has a reciprocal agreement with Finland to collect unpaid/overdue child support. And they WILL pursue it aggressively. Wage and tax garnishments, liens on houses, revoking drivers license etc.
http://www.acf.hhs.gov/programs/css/international

They CAN revoke your passport if you owe more than $2500 in child support. That will definitely affect any future travels to Finland to see your daughter. Question 15 on this link talks about that. Read the other FAQ's too. There are stories online about people whose passports were revoked until they paid up their child support.
http://www.acf.hhs.gov/programs/css/res ... estion%208

Good Luck!

betelgeuse · Post by **betelgeuse** » Tue Jan 27, 2015 10:09 pm

mcderjam1 wrote: I am currently unemployed but KELA does deduct money from my unemployment benefits for child support.

As unemployed you are entitled to free/cheap legal help:

http://www.oikeus.fi/oikeusapu/en/index.html

mcderjam1 wrote: 1-Can my ex prevent me from leaving the country if I notify my ex in advance about my leaving?

Guessing but I would I say no.

mcderjam1 wrote: 2-Do I give up my custody by leaving the country?

Not automatically. It would require a court to decide that it's in the best interests of the child to remove you.

rinso · Post by **rinso** » Wed Jan 28, 2015 7:35 am

1-Can my ex prevent me from leaving the country if I notify my ex in advance about my leaving?

Under normal conditions: no

2-Do I give up my custody by leaving the country?

No. Since the child doesn't officially live with you nothing will change.
I cannot think of a reason why a judge would see a legal problem.

3-What are my financial obligations if I leave the country and want to return to visit in the future?

You still have to pay child support. Maybe even more than is now subtracted.

Chances to see your child will strongly diminish and getting her to visit you will be close to zero.

Finland Forum

Find information about moving to, living in and life in Finland