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How do I get divorce from Ecuador, get custody for my 10 months daughter and have my husband pay child support?
Anonymous2 views3 answers
I have a conditional green card granted through marriage. My daughter was born in the U.S. but has 2 nationalities. My husband had a bad financial situation and we lived with my in-laws for a year. They manipulated us and threatened to kicked us out of the house if we didn't do what they wanted. They sponsor me for my green card and rubbed it on my face all the time. My husband never stood up for us and I returned to my native country with my baby, he gave me permission to travel for vacation. Now he's gotten a job and he can afford to rent an apartment but he says I have to live back with his parents because they want that. I don't want to return to the U.S. but I'm afraid I might lose my daughter since she is American and my in-laws have threatened to take her away. Please help!
By having left the United States of America with just permission to travel and not returning you are committing an international child abduction in the eyes of the United States Government and the The Hague Convention on the Civil Aspects of International Child Abduction, of which Ecuador is a member of as of April 1, 1992. Therefore, you should immediately seek legal counsel in Ecuador and post about this no further. You should do everything possible to peacefully work this situation out so that you, your child, and the father do not get into a international legal entanglement that only would cost the child great emotional harm.
I agree with Attorney Williams and you should immediately contact an attorney in Ecuador regarding the possibility of filing for custody in Ecuador. I would add that even if you returned to the United States with your daughter, you may have a strong case to obtain a divorce judgment allowing your permanent removal of your daughter to Ecuador with you. The fact that your husband may not be able to adequately support you and your daughter, or that you may not be able to stay here legally after the divorce, is a factor the judge will consider in determining the best interests of your child.
You had permission to leave. You have not violated any laws. If you have been gone for more than six months you might not have to return. First seek legal advice where you are. The fact that your husband allowed you to leave with the child suggests that you are likely to keep custody. Where you live may be the ultimate issue.
