What can I do to prevent the mother from getting child custody? 4 Answers as of July 22, 2011

I married my wife 3 years ago, she wasn't a citizen of US then. Soon after our marriage, we have a baby girl. About a year ago, she 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 year old), why have a baby? She can still find somebody nice and marry him if she doesn’t have a baby). It’s been almost a year, no words from her. Not even a single question about her daughter. The divorce never took place. What I’m afraid now is she coming back to US one day and wants custody of the child. Anything I can do to protect my kid?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
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 longeryour 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.
Answer Applies to: California
Replied: 7/22/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
Get a divorce petition on file with a motion to have sole legal and physical custody of your daughter and a court order prohibiting your wife from taking the child from the state of California or the USA. I strongly urge you to retain an attorney to assist you in getting quick and proper relief with the court.
Answer Applies to: California
Replied: 7/22/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Of course there is. You need to retain a family law attorney to file the appropriate papers in the court so that you are awarded legal custody and primary physical custody with a court order that she not be allowed to take the child. Until you do that, nothing would prevent the mother of your child from returning to the US and taking the child into her custody.
Answer Applies to: California
Replied: 7/22/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
You need to hire an attorney, get into court immediately to obtain Orders regarding your child. Your failure to heed this advise could very easily cost you the rest of your child's life without her. You have good facts right now, and to procrastinate could be the worst decision you ever made. Once you set the precedence, LEGALLY, the mother will be significantly prejudiced to ever change it. You need specific terms in your court Order, which is what we provide at this office.
Answer Applies to: California
Replied: 7/22/2011
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