Can I file a police complaint against my husband who is a US Citizen?

Question:

Can I file a police complaint against my US citizen husband.? I am not in the US, nor a US citizen.

I have been isolated from my daughter by him and I cannot return to the US because he wont sponsor me, I am not eligible for a visitor visa because of having a family there. I am not able to call and speak with my daughter since a year and a half. He has refused to have me in his house. He insults me each time i try to contact and accuses me of false stuff. What are my rights as his wife and as the mother of my US citizen minor child?

Answer:

You can file a divorce or custody action from outside the country, so long as you file it in the court that has the proper jurisdiction. If your child and husband/father are located here in the Phoenix area, you would file in Maricopa County Superior Court. The requirement in AZ and most US jurisdictions will be that the minor child has resided here for at least 6 months and that at least one of the parents has resided here for at least three months immediately prior to filing your case.

Custody (Legal Decision Making Authority) and Parenting Time are awarded based on the best interests of the minor child. If he refuses to allow you contact with the child and/or has done other acts to try to keep you two apart, the court would consider this in making it’s decision.

Assuming that the court finds that there are two fit parents, at a very minimum, the court will likely order that you have Parenting Time in your country of residence and that you are kept in constant contact with your child and her school, etc. It is possible that you could be awarded residential custody.

In determining what is the best arrangement for the child, the court must consider many factors, but the first factor on the list is “each parent’s willingness to allow the other parent ready access to the child.”

You should consult with an experienced family law attorney right away. Many firms, including The Sampair Group will do the consultation by phone and at no charge.

Good luck!

Patrick Sampair
The Sampair Group, PLLC
623.218.1000
480.636.1333

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