Wht to do if my ex is trying to take our daughter to Jamaica without my permission and file for Jamaican citizenship for her?

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Wht to do if my ex is trying to take our daughter to Jamaica without my permission and file for Jamaican citizenship for her?

My girlfriend and I have a daughter together. She is a naturalized US citizen and a Jamaican Citizen. I am a US citizen and our daughter is a US citizen. We got our daughter a passport when we were still together but now we are separated. My name is on the birth certificate and no paternity test was done or custody arrangement set by the courts. I know I need to get paternity established and go to court for custody but can my ex take our daughter to Jamaica without my consent? I live in the US Virgin Islands and she lives in the states?

Asked on November 27, 2012 under Family Law

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You really need to get moving on the custody suit-- until there is a court order in place that says she cannot leave, she is free to move with the child however she's fit.  The only general restriction is that she cannot endanger the child.  Once you file your paternity suit, you can request temporary orders that prevent her from leaving with the child, at least until paternity is officially established and a custody/visitation schedule is resolved.


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