U.s. Citizen Parents Living Abroad. Child Born Abroad. The Other Parent Took The Infant To The U.s. Without Consent, Then Returned. Can I Move The Custody Case To The U.s.?

Before you continue, yes, I used AI to help me write this, as it's a lot for me, and it's hard for me to put it all in words myself. Things are hard right now.

Location: Nicaragua

Hi all. I’m looking for legal advice and practical next steps for an international custody situation. I’m keeping this anonymous so I’m leaving out names and locations.

Facts

• Both parents are U.S. citizens living abroad.
• We are married but separated and heading toward divorce. (married slightly more than 1 year)
• Our child is an infant, born abroad, and has lived their entire life abroad. The child is a U.S. citizen and also a citizen of the birth country.
• For context, I initiated the separation due to the need to stabilize my mental health. I am actively addressing it and fully capable of parenting. The separation was not an abandonment of my child, and I have consistently sought regular involvement since the separation.

Custody and visitation

• After separation, the other parent started limiting my access to short daytime windows and frequently cancelled or changed scheduled visits at the last minute.
• I have been consistently trying to get a stable schedule and remain involved as a parent.

Legal process abroad

• I retained local counsel and started a custody/visitation case in the country where the child was born and has always lived.
• The other parent was formally served and acknowledged service.
• A hearing was scheduled in the foreign country and the other parent has responded through the process, including requesting a very high level of financial support and additional expenses (including large vacation costs) that I cannot afford and do not believe reflect guideline support.

Unilateral travel to the U.S.

• The other parent left the country with the child without my consent, traveled to the U.S., and refused to disclose the location or return date for several days.
• I found out only after I messaged about my normal daily visit and was told they were no longer in the country.
• I contacted the U.S. Embassy and the U.S. State Department Office of Children’s Issues. They told me Hague return remedies aren’t available between the U.S. and this country, and suggested civil remedies under the UCCJEA and other actions.

Return

• The other parent later returned to the foreign country with the child.
• However, the underlying problem is ongoing. The other parent still controls access, cancels visits, and does not communicate consistently about basic co-parenting issues.

Support and finances

• The other parent is demanding a support amount that appears far beyond typical guideline levels and beyond my income, including significant lifestyle expenses. I have documentation from before the separation showing that we were financially strained and could not afford major expenses.
• I want to support my child, but I need a realistic support amount based on actual guidelines and income, not inflated lifestyle demands for her and her children that I have no responsibility for.

What I want

• A stable parenting schedule that cannot be changed day to day based on one parent’s wishes
• A court order preventing international travel without the written consent of both parents
• A fair support arrangement based on guidelines and actual income
• A process that is enforceable and doesn’t rely on one parent’s goodwill

Questions

1. Because the child has lived their entire life abroad (she is less than 1 year old), does that country automatically have “home state” jurisdiction under UCCJEA principles, even though both parents are U.S. citizens?
2. Is there any legal way to move the custody case to the United States, even if I do not currently live in the U.S.?
3. If the other parent takes the child to the U.S. again and stays for 6 months, would the U.S. then become the home state and gain jurisdiction?
4. Can a U.S. court issue travel restrictions or passport surrender orders if the child is currently living abroad, or would that need to happen through the foreign court?
5. What type of attorney should I be hiring in the U.S. to explore my options (international custody, UCCJEA, family law), and what state should I be looking in?
6. Should I enroll the child in the Children’s Passport Issuance Alert Program (CPIAP) even though the other parent has returned to the foreign country?

I have documentation of service, messages showing I did not consent to travel, a record of repeated cancellations and refusal to communicate, and documentation of financial discussions before separation.

Thanks in advance.