Q: Got married in September with Fiancé from country of Colombia. Now she wants to leave with my daughter, what do I do?
My wife came to the USA on a K1 fiance visa in August. We were married and our daughter was born in September in Pennsylvania. Now (6 months later) she says she is tired of being here and wants to go back to Colombia and take my daughter. Her adjustment of status application is currently in progress. She is a stay at home mom and has no money for a lawyer. I am the sole provider for our family. I have tried countless times to make this work, but she is depressed and homesick and just wants out. She refuses to get help or counseling. I do not know how to proceed. I own my home and we live together. She frequently asks me to let her leave with my daughter because she doesn't want to be in this country anymore. I want my daughter to stay here in the USA for many reasons (safety, stability, future), but not sure how to proceed. If we reach an agreement and I allow my daughter to leave the country, I fear the agreement will not be enforced in Colombia. What steps do I need to take?
A: I suggest yu see a family law attorney who will probably suggest you obtain a court order prohibiting the wife from taking your child out of the country and that she not have access to your child;s passport.
A: Schedule a consultation with a local family attorney. Many Courts will not enter a custody order for parents with an intact relationship, living in the same home. There could be exceptions to this, but more details are needed to address what other avenues might be available or appropriate under the circumstances.
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