WHAT CAN I DO TO PREVENT THE MOTHER FROM GETTING CUSTODY?

QUESTION: I married my wife 3 years ago; she wasn't a citizen of US then. Soon after our marriage, we had a baby girl. About a year ago, my wife went back to her country with our daughter and a month later, she said she cannot stand her life in the US anymore because it was not “comfortable.” (Her parents are fairly wealthy in her country). I flew over to her country asking if there’s anything I can do to save the marriage; she said no. Her parents tried to talk to her, but she insisted on a divorce. Her parents then told me to just bring the baby back with me to US, since she’s too stubborn and won’t listen to anybody (I personally think her parents think she’s still young, 24 years old; why have a baby? She can still find somebody nice and marry him if she doesn’t have a baby). It has been almost a year, and I haven’t heard from her. Not even a single question about our daughter. The divorce never took place. What I’m afraid now is that she may come back to US one day and seek custody of our child. Anything I can do to protect my kid?

MY RESPONSE:

You might best let a sleeping dog lie.

If you file a Divorce case and seek custody of your daughter in that case, you would need to give notice to your wife, and that would likely induce her to move back and fight.

The longer your daughter is with you, the better her bonding with you.

The longer your daughter is not with her mother, the less chance your wife would have to get custody.

If your wife returns to the US later, deal with her then in the Court.

This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |