How can I get custody of my child who lives in another country? 8 Answers as of October 28, 2011

My son lives in Mexico with his mother. We are both U.S. American residents. I have to pay child support if I live in Mexico.

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Reza Athari & Associates, PLLC | Armand Fried
First, I do not think a Nevada Court will exercise jurisdiction to award child custody where the child has not lived in Nevada for at least 6 months before the custody action is started and is not physically present in Nevada. I don't claim to know Mexican law, but I believe that you would have to start an action in Mexico, in the state and locality where the child lives. And be aware that you may have to pay child support even if you do not live in Mexico, especially if there is a support order against you from a Nevada court. Such orders are enforced by a special unit of the DA's office and I have seen them require payment to be made in Mexico, but there was a prior Nevada order in effect in that case from when both paretns and the child were present in Nevada.
Answer Applies to: Nevada
Replied: 10/5/2011
Law Office of Michael W. Bugni
Law Office of Michael W. Bugni | Jay W. Neff
It seems to me that it is first going to depend on what country has jurisdiction. Your question seems to imply that Mexico has taken jurisdiction and may have ordered child support. If that is the case, then, it seems to me that your question could only be answered by someone who practices law in Mexico
Answer Applies to: Washington
Replied: 10/5/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
You must file any custody action in the country where the child resides unless a US court has exercised jurisdiction over the custody issue in the past.
Answer Applies to: Minnesota
Replied: 10/5/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You will need to pursue any custody proceedings in Mexico if that is where the child has lived for the past 6 months or more. You will have to pay child support no matter where you or the child live, unless the child lives with you.
Answer Applies to: Colorado
Replied: 10/5/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This will take some legal research. However, I am sure that I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 10/5/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    File for custody in the Mexican court system.
    Answer Applies to: New York
    Replied: 10/28/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You would probably have to hire a lawyer in Mexico to commence proceedings there if that has been the child's residence for longer than 6 months.
    Answer Applies to: Connecticut
    Replied: 10/5/2011
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