Q: my US citizen son is stuck overseas, and the father refuses to give me my son's passport to could bring him back to USA, the only option i have is to get a sole custody, can I win it even if we still married?
and do I have to get the legal custody ? or physical? or something else?
A: David's Answer: Merely because you're still married does not vacate your ability to file for custody. That said, if the child lives with the father overseas, you may have a jurisdictional issue, especially if the child's been residing overseas for more than 6 months. Schedule a consult with a NYC Child Custody attorney for a full assessment. -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)
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