Custodial Parent Moving Out of US

**rayray_13** · 04-06-2009, 04:38 PM

My question involves a child custody case from the State of: NY/IN/FLA

My husband's ex gf is in the US illegally. She filed for cs in NY when his dd was 3 (right after we got married) even though he was voluntarily supporting dd. My husband got a visitation order but we live in FLA and dd's mom moved her to IN 2 years ago. Dd's mom agreed to let her come to FLA for the whole summer of 2007 and it was wonderful but we payed all of the expenses for camp, travel, etc and we still payed the full cs. It set us back for a whole year because we also have 2 other children. My husband has gone to visit 2 other times but it costs thousands for car, hotel, airfare. Despite the distance, he stays involved by calling everyday. I love her very much too but I realize that my involvement is limited to praying for her well-being and supporting my husband.

He has asked dd's mom to let us take her for a month over the summer and she only wants her to come for a week. She then informed him that she intends to move back to Mexico with her 3 kids while her bf stays and send her money. She offered to drop the cs case if my hubby will sign the passport papers. He has never begrudged her cs and he loves his daughter just like the rest of our kids. He is terrified that if she goes to Mexico dd's mom will never agree to visitation. In addition, as a now permanent legal resident, he knows how little opportunity his daughter will have in his native country.

As much as he has always wanted custody, he never sought it mainly because he felt it would put his 6 year old dd in a difficult position and he doesn't want to do anything to hurt her. Now he feel that allowing her to move to Mexico City with a single mother would be much more harmful. He is however uncertain as to which state has jurisdiction because the orders are in NY but she's been in IN for 2 years. He doesn't even know which state to hire a lawyer in. Any advice would be very much appreciated.

**Xena** · 04-07-2009, 06:45 PM

You didn't say what state issued the existing orders.
He should take his court orders to an attorney for a consult, before he agrees to anything. He can get a low cost consult by calling the Florida Bar Lawyer Refferal Service at 1-800-342-8011.

**rayray_13** · 04-14-2009, 06:24 PM

The orders are in NY. Thanks for the advice it's a big help!

**pat2003** · 05-08-2009, 12:02 AM

Your husband will have to find out if the order is still in NY [no modification, meaning dd's mom didn't notify the court when move our of state], or in IN [she established her new residency there]. I am sure that dd is an American citizen because she's born here. Does her mom is still here illegally? If yes, your husband should be dd's custodial parent. Why? If dd's mom gets arrested and has to be deported, dd will have to go into foster system before your husband can file for having her [it happened to the person I know]. Another thing to consider is that if dd's mom take her to Mexico permanently, how highly chance your husband will see her again? As I know, there are many countries that will not cover us custody warrant. I mean if your husband doesn't know dd's whereabouts in Mexico and want to find out, the court in Mexico will not help him, unless he has to find someone to find dd there. [My cousin's petition to move her son to India was rejected by the judge for the same reason I gave you because 1. the child is an American citizen, 2. the child is entitled to have the best life here, comparing to India, 3. India is one of the country that will not cover with the child custody warrant. But in my cousin's case, the ex and her has join legal custody while my cousin has sole physical custody].

Good luck!