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?


Asked on 3/22/09, 4:03 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

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.

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Answered on 3/22/09, 5:54 pm

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.

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Answered on 3/22/09, 6:54 pm


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