If a U.S. citizen wishes to marry a someone from South America w/ a child, can the dad STOP the child?

Question

I know the question made no sense, so I'll ask it here.

I'm an American citizen and considering a marrying a woman from Peru. She has a 6 year old son. The father of the child has repeatedly told her he will never allow his son to come with her. Can he STOP the son from coming with her? Can he slow down the process?

Some background information on the situation, to better help you answer this:

They were never married. There is no legal custody of the child. He has lived with her all his life. The father lived with her until the boy was 2 years old. He moved out and has made sporadic, court-ordered child support payments. He does visit the boy once every 2 weeks but for only hours at a time.

Answer 1

If you are talking about the biological father, then yes. If he proves to the court that he is the father then he will be able to stop him from leaving the country. Peru and many countries require the legally signed approval of both parents to leave the country. The exception comes if you can prove that one of both parents are not available. If the mother of the child registered him in his birth certificate as a person without a father there shouldn't be a problem. Unless the biological father starts a legal process to prove that he is the father (DNA tests)

Answer 2

The law of Peru would determine what rights, if any the father has. The US Embassy may assist you in dealing with the courts in Peru, but they have no actual authority in this case.

Answer 3

I would say yes as he is the father,but check with a lawyer about the laws there.I think he would need a passport to come to the US and the father may have to give permission.

Answer 4

I'd say its up to their court system>