Legal Question in Family Law in Guatemala
child custody laws
My daughter (a U.S. citizen) married a Guatemalan man 3 years ago and has a child with him (1 year old). They are now living in Guatemala. The husband has become abusive and my daughter wants to leave him, but he is threatening to take her child from her. What are her rights in this situation?
2 Answers from Attorneys
Re: child custody laws
The child is a U.S. citizen. Mother should contact the U.S. consulate. She should also contact an attorney in Guatamala.
Re: child custody laws
Even in Guatemala, it is difficult for the wife to be deprived of physical custody. If they were married in MA and lived here within the last year, she might be able to get jurisdiction here. Otherwise, she needs to file for divorce there.
You may want to find an attorney experienced in international divorces.
If you like, contact me and I will refer you to someone in Boston.