How can I get custody of my daughter who is an american citizen and living in another country?

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My daughter was sent to live with her grandmother in another country without my consent but I understood the mother's situation after the fact. I supported my daughter financially sending money regularly to this other country every month, until I lost my job last year. I was out of work for several months but when I filed my taxes I bought her a few things and sent it off to her. I recently moved to another state and got a job but it is nowhere near what I was making before. My bills had since piled up and I am still in the process of clearing things. I have not been able to send money to my daughter like I had before. Her mother is refusing to bring her back to the states permanently. She will be visiting this month and I would like to see her but I am getting excuses. Options? The mother and I are not married and the courts in this country will support whatever the american court decides. I have no court order for support and/or visitation and neither does she. My daughter lived at her house while she was in the US and she had her during the week while I had her on the weekends. I am not interested right now in full custody because I want the mother and I to be able to have joint custody since I feel it is in the best interest of the child. However, if it can't be so then full custody will be an option for me. I have tried to speak to her on the phone but she wont take my calls and refuses to give me her address so I can visit my daughter. She is undocumented but I would really rather not go down that road. She claims she has gotten married and that there is no way I can do anything about the situation since she is more stable. I don't believe she has filed any paperwork I want my daughter in the US. I need help. Are there any lawyers who give free consultations?

Attorney Answer

1
Ronald Sarno ·
I am assuming you have no court order for support and/or visitation. You need to discuss with a family lawyer in NYC what your options are. One would be to file a motion to give you custody, and have her stay in America. This will be a legal battle IF your wife fights you. It also involves two countries and two court systems. Assuming your child is an American citizen you have a very good foundation for keeping her in the States. Also refusing access to parental visitation is as serious a violation of the law as not paying child support. You also need to find out if the country where the wife has her is a signatory of the Hague convention which would mean that those courts will honor the orders of American courts. FYI access the avvo profile of James DeFelice who does family law in NYC. You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful. (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on the courts in New York City helpful. You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful. You might find my legal guide on divorce in general and in NJ helpful. (Much of this information is valid for unmarrieds who have children together). ******You might find my legal guide on international law and child abduction helpful.****** .. LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.
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