My husband is withholding our daughter’s passport

Ineed your legal advice on a matter that is haunting me. My daughter and I migrated to the United States six months ago. I am a green card holder and she is a dual citizen. The problem is that things are not working out for me being here, and I am In a state of depression, so I’ve decided to move back home to Jamaica. But the father of my child (my husband) took away her passport and I don’t know where to find it.

I want to take her home with me because she’s my only child, but her father refuses to give me her passport, and he told me that if I should leave, I would not get to see her again because he would not bring her to Jamaica to see me.

I am really confused and don’t know what to do. My question is, how do I go about getting her passport back? Where in Jamaica can I go for help? Is it wise for me to return home and leave her behind? What do I do? Please help. Thanks in advance?

– B.A.

Dear B.A.,

In a marriage, one party cannot unilaterally decide where a minor child should reside. If the parties such as your and your husband cannot agree, you need family court intervention. What is at stake here is the custody determination for your daughter, with or without a divorce. You need to hire an attorney in the state where you are currently residing who practises family law to take the matter to the courts on your behalf. Since your daughter appears to have been living with you all her life, there is a good argument to be made as to why you should have custody, but there several other factors that a court would consider before deciding in the best interest of the child which parent should have custody. Certainly, if you decide to return to Jamaica, that would play a significant role in the judge’s decision.

TIME TO ADJUST

Your husband also cannot unilaterally decide that you would never see your daughter again. This is why you need a court to decide custody, visitation, and communication arrangements with your daughter regardless of who ultimately becomes the primary residential parent.

Having said that, it is not uncommon for persons who migrate to become depressed when they arrive in America. They have left their entire lives – family, work, friends – behind for a new country and often experience culture shock. This is true even if the person visited the United States in the past and worst for those for whom migrating is their first experience leaving home. It takes time to adjust to a new environment and to adjust to living with someone with whom you may not have had a day-to-day living experience, and even if you did, it may have been years ago.

You should also seek the services of a psychologist to help you with therapy for your depression. You will find your outlook on life and your situation will change dramatically with help from a therapist. If you ultimately decide to return to Jamaica, you should know that as a green card holder, you are to live in the United States. Also, if you have a two-year conditional green card, you will encounter issues to receiving the permanent 10-year card if you return to Jamaica during the two-year period.