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Ask S. Kincaid Your Own Question
S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2512
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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My ex wife does not have legal custody of our child. My ex

Customer Question

My ex wife does not have legal custody of our child. My ex wife is a citizen of the Dominican Republic I am a US citizen born in the USA our child is also a US citizen. My ex wife has sent our child to the Dominican Republic what should I do?
Submitted: 2 years ago.
Category: Family Law
Expert:  S. Kincaid replied 2 years ago.
That depends on how long your child has been out of the United States and whether or not there is an existing court order regarding custody of your child. If she sent your child within the last six months and there is no current court case, you can file a court case in the United States. In that case, you would ask for custody and an emergency order requiring the return of your child to the state.If, on the other hand, there is already a court order for custody, you would want to go in and modify that order to require that the child be returned to the state. And if your child has been gone longer than six months without any custody order in the United States, you will have to address child custody in the Dominican Republic.In any case, getting a case going and a court order is the first step in getting your child back. Once you have a court order requiring the return of your child, there are various ways to enforce that order. However, it is necessary that you get that order first, and that an order be acquired as soon as possible, and in no case later than six months since your child's removal from the state. Please let me know which is your situation if you want further clarification.
Customer: replied 2 years ago.
can you refer a family lawyer I have the paper work for filing custody for my daughter
Expert:  S. Kincaid replied 2 years ago.
At Just Answer, we can't refer to specific attorneys. Is there any other way I can help you?