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International Custody Case Hard to Follow

By Janet Langjahr

This case is almost as hard to follow as a sleight of hand trick.

Daughter, an American citizen, is in Mexico, with nonrelatives. That’s been the case for four years of the five year old’s life.

Her Father and Mother are US citizens in the US, although not together.

It all started when Daughter’s Mother married a Mexican man, identified him on Daughter’s birth certificate as Daughter’s father and then moved to Mexico when her new husband was deported.

Father only saw Daughter one time in her life.

But DNA testing confirmed that Father, not Mother’s husband, is Daughter’s biological father.

Mother returned from Mexico to the US for a few days, leaving Daughter behind with her husband.

And there Daughter has stayed ever since.

Mother was arrested and incarcerated.

Father was also incarcerated.

Mother and Father both agreed to give custody of Daughter to Father’s wife.

A Florida court even approved the custody agreement.

And so Father’s wife has been trying ever since to bring Daughter home to Florida.

But she’s gotten nowhere. She can’t even verify that Daughter is alive.

It turns out, Daughter is with Mother’s husband’s sister - who is fighting to keep Daughter there and has identified her as a Mexican citizen.

A hearing was finally held in Mexico.

Mother’s husband’s sister testified that Mexico was all Daughter knows and that her parents are both criminals who shouldn’t have her.

But the Mexican judge has not ruled, either way.

Allegedly because the Court was awaiting papers from the US government.

And Daughter remains in Mexico with nonrelatives.

Read more in this Ft. Myers [FL] News-Press article: Lee couple fight to get little girl back home.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on February 11, 2009 (boomark / email).