Immigration Corner | What should I do with my grandson?

Dear Mrs Walker-Huntington,

My grandson was born in the USA while his mother was visiting, but she got ill mentally, and still is. I would like to know what to do. The child is here and not going to school. Please inform me of what to do.

IC

Dear IC,

Sorry to learn about your daughter. I do hope that she is getting treatment for her mental illness.

Your grandson is an American citizen and is entitled to all the rights and privileges thereof. With very few exceptions, e.g., child of a diplomat, “All persons born or naturalised in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” US Constitution, Fourteenth Amendment, Section 1. This means that although your daughter was visiting America when she gave birth to your grandson, he is still a full-fledged American citizen.

You did not indicate how old your grandson is, but it sounds like he must be at least four years old and ready for school. You should immediately register him in school, so that he does not fall behind in development and his studies.

You may also need to secure guardianship of the child, so that you can make other decisions on his behalf, as his mother appears not to be able to act in his best interest. Seek the services of a lawyer who practises guardianship law in the state in which you live and proceed with that process. Ultimately, you may even wish to adopt your grandson. Your daughter may have a moment of clarity and take the child back – which she could do if you do not have any legal documents to say otherwise. As often happens, your daughter may fall back into a mental breakdown. I am sure you do not want this to happen, and for the child to be traumatised by his removal from your care. You will need to prove that the mother of the child has either abandoned him, or that she is incapable of caring for him due to her mental health issues.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com