My ex wife has custody in Trinidad of my son he is an American citizen and I am also. she took my son and moved to Trinidad my son has been the for the past six yrs. We had a verbal agreement that when he was old enough to fly back and forth he will move her and she will return to the states shortly after. then she losses her green card now I have my son and I want him her and she tell me when I send him back I will never see him again. What steps can I take to have my son here legally.
2 Answers from Attorneys
Is there a court order giving your ex wife custody? Is that court order in the U.S. or in Trinidad? If the order is in the U.S. it sounds like you will need to file a Supplemental Petition for Modification of Time-Sharing. If the order is in Trinidad, and the child has resided in the U.S for at least 6 months, you can file a Petition to Domesticate Foreign Order and then file a Petition to Modify here. If the child has not been in the U.S. for at least 6 months, you would have to file in Trinidad and would need to find a lawyer there to tell you what the laws are there.
You have to file court papers asking for custody asap