Legal Question in Family Law in New York

Mother took child out of country...

My brother married+divorced his wife in Ecuador.They had a son who is now seven years old.My brotherlives in NY. His ex-wifestayed in Ecuador after the divorce but has since moved to NC.In Ecuador,they agreed to surrender custody of the child to his maternal grandparents.In the past 3years his mother has moved him from NY to Ecuador about 4 times.Constantly changing his location and schools.He has not completed a regular school year in either country in the past two years or so.She brought him in October '03 for the last time and claimed she had decided to keep him in the US this time. My brother has paid child support but has never been allowed to see him on a regular basis.The mother has sent him to visit his father in NY on occassion, but with no regularity.Just this month,Feb04,she sent the child back to Ecuador.My brotherwould like to keep the child in the US and either obtain full custody or at least joint custody where the child would be kept within the US. Is it too late to do anything because the child is now outside of the US?By the way the child was born in NY.His father is a NY resident in the process of becoming a citizen and seems to fear taking any action because it may jeopardize his naturalization process

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