Darin v. Olivero-Huffman

Petitioner, a citizen of Argentina, and Respondent, a United States citizen from Puerto Rico, had a child together in 2008. The child (“LAD”) was a citizen of both the United States and Argentina. In 2011, the family traveled to the United States, first stopping in Florida and then moving on to Puerto Rico. It was there that Respondent announced that she and LAD would not be returning to Argentina. After Petitioner returned to Argentina, Respondent filed for legal custody of LAD in Puerto Rico state court. Petitioner subsequently filed the instant action with the federal district court in Puerto Rico, alleging that Respondent’s actions amounted to a wrongful retention of his son. The district court denied the petition. The First Circuit Court of Appeals reversed and remanded, holding (1) because Petitioner had custody rights over LAD and was exercising those rights at the time of the retention, Petitioner established wrongful retention by a preponderance of the evidence; and (2) Respondent did not introduce sufficient evidence to establish Petitioner’s consent or acquiescence to this retention. View "Darin v. Olivero-Huffman" on Justia Law