husband's daughter in US, mother "demands" her back

[Bailarina]

my husband's daughter has been here for less than a year on a k-2 visa and now her mother is demanding her back over the phone (she has not tried to get a lawyer that we know of). The daughter does not have her travel papers yet anyway, but does anyone know if the mother has legal right to anything once she let her daughter leave the country?
PS- we have proof of severe mistreatment by this child and aren't afraid to go to court if we have to, but want to know how far this person can go.
thank you for your help.

[AnnaC]

Posting her age might be of help. I'm assuming you're in the US and if the girl was underage she would have needed her mother's permission/signature on papers in order to leave the country.

You are on US grounds and if the mother is in the DR she will have to deal with the US law now especially if she signed papers of permission. Hiring a DR lawyer to deal with US issues would be expensive and if she is poor there's a good chance that yelling and screaming on the phone is about all she can do.

Good luck

[AnnaC]

Interesting I was reading your other thread where your stepdaughter was coming for a visit. Hopefully she already had her k2 visa approved when she arrived in the US?

traveling with stepdaughter

[Bailarina]

thanks for your help, she is 4... and i heard that each time she leaves the country she will need a new permission from the mother since we didnt' get a general one or custody, only one that says "so and so can leave the country with blahblah.. on such and such a flight on such and such a day.. " which they took when we passed thru immigration in the DR and a paper that states, 'let all the paperwork be done for my daughter so and so to travel to the US'.

so we are afraid to let her go back even for a visit in case the mother refuses to let her leave... is this true?

Originally Posted by AnnaC

Posting her age might be of help. I'm assuming you're in the US and if the girl was underage she would have needed her mother's permission/signature on papers in order to leave the country.

You are on US grounds and if the mother is in the DR she will have to deal with the US law now especially if she signed papers of permission. Hiring a DR lawyer to deal with US issues would be expensive and if she is poor there's a good chance that yelling and screaming on the phone is about all she can do.

Good luck

[Bailarina]

hi anna, actually it was to live with us, it was a k-2 visa she came with... since she was being neglected over there we wanted to get her over here ti stay and have a better life and opportunities. now she is here and the mom is upset she cant talk with her since she refuses to speak spanish at all, forgot it now, and doesnt like to talk much on the phone either. we tell her who her mom is but at a young age she forgot quickly and besides, her granny was raising her not her mom anyway. oh i think since my hubby isnt sending money over there so the mom can get her nails manicured is also a factor in this. her daughter ran around in dirty undies and no shoes or clothes, but interestingly enough the mother always had enough to buy beer and manicures.

Originally Posted by AnnaC

Interesting I was reading your other thread where your stepdaughter was coming for a visit. Hopefully she already had her k2 visa approved when she arrived in the US?

traveling with stepdaughter

[Bailarina]

the mother told my husband, "when you come back here you'll see who i am' but we couldnt imagine what she could do to him... but now my hubby has been told that the mother can file a charge against him and the police saying that he has kidnapped her child, and that he'll be put into custody upon arriving in the DR and have to wait for his "justicia". please help, anyone with personal experience or knows anything, any advice is appreciated.

[AnnaC]

I think you need legal help this visa forum won't give you answers.

Post a question only dealing with the DR in the legal forum and maybe Fabio Guzman could answer the DR end of the question.

Go talk to your lawyer in the US for all other questions.