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Old 05-30-2006, 11:43 PM
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Join Date: May 2005
Posts: 16
Bailarina Level 1 (10)
Default k-2 visa, mother demands child back? or impedimento de salir?

please read the following forum if you like i was told to put it here.
http://dr1.com/forums/showthread.php?t=50757

to make a long story short, my husband's 4yr old daughter came on a k-2 visa and now the mom is demanding her back, or else telling my hubby "when you come here you'll see who i am.. you've got to travel one day" so we think she'll put some lawsuit on him that he "kidnapped" the girl and if he arrives and tries to leave there will be some "impedimento de salir". even if he can eventually prove he has permission it could take a month for him to fight the case in a court there and he would lose his job here. i think her intention is to make our lives miserable.

the mother gave her permission for the girl to to leave the country but not custody for us or any formal arrangement (she refused) and did what she could to help us get her but now she wants the money we used to send monthly (we think) since this girl was living with the maternal granny and the mother arrived only to beat her with a belt and she has scars of this and also other mistreatments i won't get into here.

should we be worried, can she file a lawsuit from there and affect us here or, if my hubby travels is it true she can get this impedimento de salir? by the way as soon as the little girl got here and we saw how she had been treated we called child protective services and they have a report on her. we are prepared to fight but we want to know what we are up against. any advice would be super helpful thank you.
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Old 05-31-2006, 03:33 PM
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Join Date: Apr 2003
Posts: 64
jskr1us Level 1 (10)
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Salsa, My first step would be to see a good US Lawyer with specialties in immigration and family law. I would see if there is any possible way to get legal custody of the child here in the US. Once obtained I would file the court order with the Dominican government via the Dominican counsel in the area you live and also have someone file it in the DR without going there first. Once it has been filed and you have proof of the filing I might obtain a Dominican court order against harassment, if granted you should have no additional problems. The process will not be quick or easy (and will cost$) but it is my belief that it can be done particularly if you can give the US judge proof supporting the $ are behind the entire situation and he includes this finding in his custody award.
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