Legal Question in Family Law in New York

I'm a US citizen. My daughter was born here, in NYC. My husband is from Azerbaijan and has a green card. Our marriage was registered in NYC. Currently we live in Baku, where I have a residence permit. My daughter has 2 passports - Azeri and US. I have documents signed by my husband that permit me to take my daughter with me when I travel abroad. I no longer want to live in Baku, and want to bring my child here to stay in the USA. I don't want to notify my husband that I will not be returning. What sort of legal obstacles and fights I will encounter? What sort of rights do I have and he has, custody-wise? I'm looking for a response from someone versed in international child custody and divorce issues. Thanks


Asked on 9/29/15, 12:29 pm

1 Answer from Attorneys
David Zaslavsky The Law Office of David Zaslavsky, PLLC

The first question is whether your husband will actually contest this. I have found that in a lot of cases like this the other parent simply does nothing. Assuming that he does do something, he has two options. He can go to either the Family Court or to the federal courts under the Hague Convention on the Civil Aspects of International Child Abduction. If that happens then that is hearing the case will have to determine whether the children must be returned to Azerbaijan. However, since algebra John is not a signatory of the convention, I am unsure whether the courts would even take the case. Here is a link to the situation in Azerbaijan as the Department of State sees it: http://www.loc.gov/law/help/child-abduction/non-hague-countries.php#Azerbaijan.

If you would like to discuss this matter further, please feel free to give me a call at 347-289-5886,

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Answered on 9/30/15, 7:31 am


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