Legal Question in Family Law in Maryland

Hi,

I just need help on someone who knows the law in the U.S. I'm from the Philippines and I'm doing this to help my brother.

His ex-wife (though they are not yet divorce) was able to bring their youngest child in the U.S specifically in Maryland. My brother did not sign anything for her to be able to that. I want to ask if there is any document that my brother needs to sign like an authorization or consent to be able to bring the child there? What are the requirements in the US Embassy to allow the child to be brought there without my brother's approval?

I found out that she has not established any permanent residence in the U.S though she was approved to have a multiple visa by the US Embassy here in the Philippines.

I want to know if what she did is legal?

I would appreciate it very much if someone can help me out with this.


Asked on 6/08/10, 6:30 am

1 Answer from Attorneys

Sean T. Morris Law Office of Sean T. Morris

It is difficult to tell based on the facts you gave whether there was anything illegal about what his wife did. Chances are there was not, however, as the couple is not divorced and you do not mention the existence of any court order placing limitations on such travel. If there is such an order in place in the Philippines that is another story.

But even if there was nothing illegal, your brother needs to be concerned and protect his rights while the child is here in Maryland. There are laws to protect parents of children who are removed from their home countries by the other parent. My firm has a tremendous amount of experience with international child custody and visitation cases, including in cases of international child abduction. We can probably help if your brother is interested in retaining counsel to assist him. Please tell him to feel free to contact me: [email protected].

Yours,

Sean

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Answered on 6/08/10, 9:45 am


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