A Dificult Divorse Case

[Winslowe]

First of all I want to thank you for the time given.

I am a Mexican citizen, my wife is from Honduras, we got married in North Carolina in Nov'06, so we been married 2y8m, we have two kids of 3 and 2 years old, one born in Tennessee, and the other one born in North Carolina.

We decided to leave the United States because of Immigration problems we got into;we agreed to come live to Mexico,but since the Mexican government asks for a visa to Hondurans to enter the country legally and, we couldn't applied for such permission at the time while in the US,we agreed that she and my kids were going to leave to Honduras,while I was coming to Mexico to apply for the visa for her.

I came to Mexico and obtained the needed visa, and then I went to Honduras to get them to come back to Mexico together,as we planned,but now she wants to stay with my kids in Honduras...

Because she doesn't want to live in Mexico with me and my kids,as a family,I told her that I was going to apply for the divorce and try to obtain the custody of my kids. The reasons  are:1)The living conditions in Honduras are very peccary,2)My kids,if they have to stay in Honduras,are going to be in high danger because some members of my wife's family are in drug trafficking,3)My kids won't have the same changes to succeed and/or have a good quality life,because where they would live is a very small town with very limited conditions, and 4)My worst concern is that my wife could consume illegal drugs and expose my kids to them(when my older child was born, the hospital personnel at the Tennessee hospital found residues of illegal drugs in my wife's blood and they documented such findings to the Social services department in Tennessee and North Carolina.

I am not saying that the living conditions in Mexico are the best  in the world,but I do believe that are way better than in Honduras.I have better education than my wife(university degree versus the equivalent to high school degree that she has), I could aspire to better work conditions than my wife because of my knowledge, I could offer better education and a more healthy life to my kids in Mexico.

I really love my wife, but if things don't work out between my wife and me,I would want the best for my kids that I could offer them and also I don't want to risk my kids safety.

I know this is going to be a very difficult case,since they are already in Honduras, i think the Honduran government is going to protect more to my wife, also the procedures between the three governments are going to be very difficult as well.

I will really appreciate the advise/opinions you could give me and want to thank you so much for taking the time to read about my problem, sincerely yours Carlos A. Marquez

[aviya]

Dear Carlos

The problem is whether Honduras would recognize a custody order from Mexico. The only way you will win is if you can get your children to Mexico and have the court order that they stay there. I assume that a Honduras court would give custody to their mother. Good luck, it is a tough situation.