I'm seeing an attorney with student legal services on Tuesday, so perhaps all these questions will be answered anyways.
We got married in the US 1.5 years ago, live in the US currently, I'm going to file for divorce and then my partner will be moving back to his country (Peru). We have no assets, no shared anything and one kid (almost 3 years old). I'm a US citizen, he's a Peruvian citizen with a US green card (which he will choose to give up once he leaves here; I know that he does have the option of remaining here on his green card, because our marriage was not a 'scam' and we could easily prove that we have made an effort in this relationship and it hasn't worked), our son is US/Peru citizenship. I'm a student, have a part-time job. Partner has no job. No prenup.
My questions revolve around: he wants to leave the country ASAP. I want (and he will be willing to give me) full physical and legal custody of our son, given that he has no plans to return to the US. I think physical custody is a given, but I want to make sure that I will get legal custody as well. Can my partner sign something (a notarized statement?) before he leaves to indicate our agreement? Am I correct in thinking he can leave before the divorce is finalized?
And, right now, child support is virtually impossible to hope for (he has no job and few job prospects in Peru, plus the conversion rate means that he could give me half of his monthly Peruvian salary and it wouldn't cover even a week of daycare): how in the heck are they going to come up with some agreement? I do want the option of getting child support (and he will agree to pay it) in the event that his career takes off and he starts making decent money (for a Peruvian salary) and could at least offer me 100-200$/month. I have a feeling that there is no way to enforce a child support agreement across country lines.