mardi 4 août 2015

Modification of Custody: Sole Custody, Modification of Custody, Father Not a U.S. Citizen Lives Abroad

My question is about child custody in the State of: FL

Hi All!

I was divorced in NY in 2008. My ex-husband lives in the Philippines, he is not a green card holder nor a US citizen and no US visa to be able to visit the US. Since my daughter (born in the Philippines), 7 at that time and was in the Philippines at the time of our divorce, our divorce stated that I pay a monthly support to her, which I followed.

In 2011, I brought my daughter (almost 10 years old) to the US. There are no other stipulations in our divorce regarding custody except that I pay the monthly support to our child. Our divorce decree also states no custody agreement. Since our daughter arrived in the US, he never called her nor has he offered any kind of support (financial or otherwise). Communication (email) between him and my daughter are very sporadic.

I re-married in 2010, and my husband now is being offered a job overseas, better opportunity and pay. I am a US citizen, so we applied for my daughter’s passport, my ex-husband gave his consent using the Department of State affidavit of consent format, but was denied because they said that although I have physical custody I don’t have legal custody.

We now live in Florida (2011) and my daughter is 13,will be 14 in November. I am a stay at home mom and my husband supports us. He pays for my daughter’s health insurance (medical, dental health), hobbies (tennis & painting), expenses (everything) etc. The new job will definitely improve our life more.

Here are my questions:

Do I file for sole custody? How long does this usually take? We may need to leave in a year if all negotiations regarding my husband’s job offer come out to be favorable.
or
Do I file for modification of custody base on our divorce?
How about step-parent adoption? (My husband adopting my daughter)
What other options do I have that is appropriate for our situation?

Please let me know if you need more information. All your answers/advises will be greatly appreciated.

Thank you.

Pixie


Modification of Custody: Sole Custody, Modification of Custody, Father Not a U.S. Citizen Lives Abroad

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