American women seeking divorce from Abusive Costa Rican husband

[NeedHelp12788]

I live in New York, I am so worried right now. I have a 5yeard old child with this man. He temporaraly signed a piece of paper allowing me to leave with our child to do his citizenship here in the USA. I have not wanted to be married to him for awhile now but had no way of excaping from Costa Rica without his signature. He was Verbally, Physically, Mentally abusive with both of us and neither of us want to see him or be with him. I want to know how to obtain full custody of our child and how to divorce him from here. Im afraid for my life and my childs and do not wish to go back just to divorce him. I pray somebody here can help me.

[AFFA]

I wish to inform you that you can have divorce in USA. As at present you are living in New York thus you can file for divorce in New York. If you feel that father can take child out of USA then you can obtain court order restricting child from going abroad. In this court will issue a direction that child should not be allowed to leave USA. As child has come with the consent of father thus father may not take action regarding parental kidnapping for leaving Costa Rica and coming to USA. As the child is residing in USA thus you can have sole legal and physical custody from court. You can show past acts of father as reason for sole legal and physical custody.

AFF

[Friend In Court]

Originally Posted by NeedHelp12788 I live in New York, I am so worried right now. I have a 5yeard old child with this man. He temporaraly signed a piece of paper allowing me to leave with our child to do his citizenship here in the USA. I have not wanted to be married to him for awhile now but had no way of excaping from Costa Rica without his signature. He was Verbally, Physically, Mentally abusive with both of us and neither of us want to see him or be with him. I want to know how to obtain full custody of our child and how to divorce him from here. Im afraid for my life and my childs and do not wish to go back just to divorce him. I pray somebody here can help me.

Contact your local domestic violence network and they can help you in many ways: (1) provide a safe place for you and your child if necessary for abusers can become more so once they realize you are leaving. (2) Assist you in getting restraining, "stay away" orders and if they provide a place for you and your child, your address will be confidential, (3) Help you get legal help to dissolve the marriage and for support and custody of your child with you.

Custody usually goes to the primary caregiver which I assume you are. It is unclear whether he is still in Costa Rica or in the US which is why I gave the first steps.

If he is still in Costa Rica, he can be served via certified mail so that is not a problem. And the NY Supreme court will have jurisdiction to dissolve the marriage and make a custody decree since you and the child are in the U.S. Even if he is not in the States, some advice and counseling with a domestic violence counselor would do you some good and also they know attorneys who are familiar with the syndrome to refer you to.

[NeedHelp12788]

Thank you somuch for your help. Its soothing. I still need to find a lawyer to take my case so i can get this done and over with