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Lawmoe
Lawmoe, Family Law Attorney
Category: Family Law
Satisfied Customers: 2415
Experience:  Family Law Lawyer for 19 years
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My son and I came to the United States From Honduras November

Resolved Question:

My son and I came to the United States From Honduras November 10th with full permission of his mother( a requirement to leave Honduras and for him to get his passport). Now she is demanding that I return him. Honduras has a very unstable political situation and has been on the verge of a civil war. My son lived with me in Honduras. I do not want to return him o this environment. I send his mother money to apply for a visa but she was denied today. I do not want to keep him from his mother but she has made statements to my Lawyer in Honduras that she will not allow him to leave again if he is returned. Under Honduran Law I am doing nothing wrong, but I intercepted her emails back and forth with an attorney where they are using connections to change documents to make the appearance that he left under conditions of his return. And now she is making accusations of abuse. I need help to keep my some in the States legally.
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawmoe replied 6 years ago.

If you are adjudicated as the father of the child, and you have established residence in the State of Louisiana (6 months) or if no other state has jurisdiction, you may file for custody under the Louisiana laws. It is likely that the other parent will challenge that jurisdiction and claim that the proper jursuduction is in Honduras. To make that challenge, she would have to hire representation in Louisiana to argue that point in the Louisiana courts.

 

If the other parent knows where the child is, it would not fall under the Hague convention definitions cleanly. She would have to argue that abuse occurred. In that case, the hearing would be held in Louisiana.

 

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Customer: replied 6 years ago.
Thanks one quick follow up. I have been a Louisiana resident my entire life but i have only returned there from honduras coming on four months ago. Can I still file in Louisiana or can another State?
Expert:  Lawmoe replied 6 years ago.

Yes. If you have been a resident there your entire life, jurisdiction would lie in Lousiana.

 

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Expert:  Lawmoe replied 6 years ago.
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