I want to go back home where my family is, much bettere living condition, my own house, better emplyment, better life/work balance, support system, etc. The father is opposing. he filed for divorce when the child was 2 months old. I can not get a good job here in the US, have no family here, wanted to have a family with him but now Can not make a good living here. What are the chances? What are the strategies. I have been the primary care giver; baby lives with me; no communication with the father; he is arrogant and can not parent together;
Family Law Attorney
You need to file a Request for Order (RFO) requesting the court to give you permission to take the child, but you really need to hire an attorney because it is a complicated request that requires a full hearing based on a "best interest of the child" determination of appropriate custody.
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Securities / Investment Fraud Attorney
As a California Attorney and one of the very few that are International Lawyers (trained and practice in civil law country and got my masters in the american law from Cardozo School as Law top 50 law schools in the U.S) I can help you with this problem. http://karamanlispowers.com
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1 lawyer agrees
Divorce / Separation Lawyer
Like every request to the court that involves child custody and visitation, international relocation request is mostly judged by the best interest of the child. Usually, the judge will appoint either a minor's counsel or a 730 evaluator (considering the child's young age and inability to communicate) to help the judge in deciding the best interest of the child. Multiple factors will be considered by the court in assessing the request for relocation. You can read LaMusga case for better understanding of the court's point of view.
This is certainly possible, especially if you can show the judge that the Hague will protect the parties' interests in this matter. The website below offers free online consultations on international family law matters.
Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.
Family Law Attorney
File a request for permission to move.
Keep a diary of the father,s contact with the child.
see if you can get independent witnesses to the fact that dad has limited contact.
Offer a plan for his contact with child.
The best plan of action is to show the court that he has voluntarily not seen the child.