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US Resident, minor child from Ecuador

Started by SBCool, Apr 17, 2013, 03:03:37 PM

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SBCool

I petitioned residency for my husband and step daughter a few years ago. The paperwork process was long but we are now living in los angeles as a family. My stepdaughters mother who is still living in Ecuador signed off on the green card application, my stepdaughter, ill call her M, has been living here in Los Angeles with us for about 10 months. So now M's mother wants her daughter back in ecuador and she has told my husband that she will never allow M, who is 13 yrs old, never allow her to return to the US. So with residency, she has to live here in the US, which was the whole reason we asked for M to be granted residency, to live here.   So my husband and his ex wife had an understanding when M came here, M would study here and return to Ecuador for summer vacations. Now, the exwife has changed her mind and she is threatening to never allow M to return to the US.  My question is, is it unlawful for M to stay in the US if her mother demands the return of her daughter??? Can her mother press charges against my husband for kidnapping?? The mother did signed a letter authorizing my husband to travel from ecuador to LA with M. We don't know what to do. M wants to stay here and study here, visit ecuador for vacation, but she wants to return to LA for fall semester and her mother is against it. We have no idea where to look for legal council with this type of international family law knowledge.

ocean

Are they divorced? What do the divorce papers say about custody/visitation? Call a local lawyer near you and see if you can file in family court in US? Keep all documentation of mother saying she will refuse to allow child to return from vacation with her. US will probably try to enforce any court order outside US BUT if mother is saying she will refuse to send her back, you really need to speak to lawyer in US. Most lawyers will talk to you for free or a small fee ($100) for a hour. Explain your case. When you call, ask if they have international experience then make an appointment. Bring any paperwork with you from other country- court orders and paper mom signed to allow child to come to US.
Good luck.

SBCool

Yes they are divorced. My husand is remarried with myself and we have 2 other kids here with us besides M. We do have an original court/divorce docs. I don't know what it says regarding the child but  we will be sure to review it. I think it just states that the exwife cannot leave the country with M without his auth. But i would think that since she signed off on M having residency, its like he has a right to have her living here. Thats kind of where we are getting worried. Thanks for advice regarding keeping records. I think that is key.