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  1. #1
    Join Date
    Dec 2010
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    2

    Default Father's Rights if Child and Mother Live Out of Country

    My question involves a child custody case from the State of: MD

    About a year ago my child and his mother moved to Bogota Colombia for a temporary work assignment she was on. I wasn't initially agreeable to my child going but was talked into it. He was there since last Nov, came come for a month in March and for the entire summer. Everything has pretty much been split down the middle financially until recently when I hit some minor financial difficulties and was not able to provide her with the financial support she feels is due.

    She recently sent me a custodial agreement stating that she would have full physical custody of our child with little visitation on my part. I don't mind splitting everything down the middle financially, but I do not agree to giving her full physical custody. What are my rights/options as a father to 1) gain joint physical custody of our child 2) Get him back to the U.S. as, according to his school in Bogota, has been having a hard time adjusting to being away from family and 3) Come to an agreement where I'm not giving up any of my custodial duties.

    Thanks

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Father's Rights if Child and Mother Live Out of Country

    was there an existing child custody order in place before she left?

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Father's Rights if Child and Mother Live Out of Country

    Quote Quoting cft001
    View Post
    My question involves a child custody case from the State of: MD

    About a year ago my child and his mother moved to Bogota Colombia for a temporary work assignment she was on. I wasn't initially agreeable to my child going but was talked into it. He was there since last Nov, came come for a month in March and for the entire summer. Everything has pretty much been split down the middle financially until recently when I hit some minor financial difficulties and was not able to provide her with the financial support she feels is due.

    She recently sent me a custodial agreement stating that she would have full physical custody of our child with little visitation on my part. I don't mind splitting everything down the middle financially, but I do not agree to giving her full physical custody. What are my rights/options as a father to 1) gain joint physical custody of our child 2) Get him back to the U.S. as, according to his school in Bogota, has been having a hard time adjusting to being away from family and 3) Come to an agreement where I'm not giving up any of my custodial duties.

    Thanks

    1. That will depend on Columbian law.

    2. Without Mom's consent, virtually nil.

    3. Much will depend on how Mom feels about things.


    This assumes kiddo resides in Columbia with Mom.

  4. #4
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Father's Rights if Child and Mother Live Out of Country

    Our Child currently lives in Colombia with his mother, however they are both U.S. citizens and residents of the state of MD. She is only over there because of a temporary duty assignment with the US Federal Govt

    No there was no existing child custody order in place. Everything until this point has been verbal agreements.

  5. #5
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Father's Rights if Child and Mother Live Out of Country

    You need to speak with an attorney - if Mom chooses to remain in Columbia you might have a very sticky mess on your hands (jurisdictional issues are only part of it).

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: Father's Rights if Child and Mother Live Out of Country

    Has a divorce been filed in the United States? If so, the custody issues can be addressed through that divorce action. If the child's residence in Colombia is intended to be temporary, in association with the temporary work assignment, I expect that a U.S. court would have no problem asserting jurisdiction even if a divorce has not yet been initiated.

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