Overseas Custody

[Boomer]

My husband's ex lives in Manila and has custody of their 5-yr old daughter.  Divorce was done through the mail and finalized May '03 where he gave her custody.
He goes to court in October to reduce the amount of child support owed because obviously there is a huge cost of living difference between Minnesota and Manila and we simply cannot afford to pay what it is he's paying per month right now and it doesn't make sense that a 5 year old child should need close to $800/month living in Manila!!
Question......what rights, if any, does he have to try and get visitation/custody of child?
Lawyer told us that since the child lives in Manila, there is no way that any visitation/custody could be enforced.  Meaning, if she faulted on the child's visitation to my ex, we couldn't send over a US Marshall or Child Support Case Worker to Manila and get the child.  So basically it sounds like, to us, that there's no way he could see his child again. ??  So all he's good for is sending $$$$ and that's it?  That seems screwy.  
Can anyone please enlighten us or help us?

Thank you!

[wendl]

I would suggest talking to another attoreny, you really need one that specializes and is family with situations like this.


**These are my opinions, they are not legal advice**

[Lawmoe]

I am a licensed lawyer in Minnesota.

In Minnesota, the Court will enforce a vistation schedule that is in the best interest of the child. What is in the child's best interests will depend onhow well you make your arguments.

However, child support is not likely to be reduced in most cases. There is a strong presumption to apply Minnesota guidelines.  Moreover, the custodial parent did not elect to relocate and create the distance. As a result, the burden for transportation often falls on the party relocating.

The Court will attempt to adjust the schedule for the reloateion and reduce transportation cost by, usually, providing for longer blocks of time on vacation and during breaks.

For a consultation on your particular issues call 952.746.2153.