child custody issues

[menina 50]

I am soliciting advice for a friend. She, her husband (at the time), and their daughter are from Europe and moved to the US over 5 years ago. They are LPR of the USA (possibly have become citizens by now, but I'm not sure about that). They divorced about 3 years ago and share joint custody 50-50. She now wants to return to Europe with her daughter but is encountering problems with her ex-husband wanting to continue the current custody arrangement. He is not willing to accept her suggestion of the daughter spending the school year in Europe and the summer here. She has not had much success with her current lawyer and is searching for someone who can accommodate a sliding scale who can provide advice and hopefully find an arrangement that will work for everyone. This is somewhat urgent. Does anyone have advice or can recommend a good lawyer that deals with immigration issues in the San Francisco Bay Area? Thanks for any help you can give.

[leahandlucas 15]

this is not an immigration law issue..its a family court issue...nothing to do with immigration...

[JimVaPhuong 4,863]

Agreed. This is not an immigration issue.

Under California law, if they have shared custody then both parents have to consent for the child to leave the state. Depending on the terms of the custody order, permission might be needed for the child to even leave the county where they reside. I went through this with my ex-wife, and I had sole physical and legal custody. I needed written consent from my ex-wife so that my daughter could take a trip to Europe with her high school class.

Even a high powered attorney cannot force the father to consent to this. However, if you want the name of a family law attorney in the bay area who is an absolute vicious shark then PM me and I'll give you a name.