it is a different story if your friend intends to bring the child oversea. soon-to-be-ex can use it as a justification to obtain custody. It doesn’t matter if they pay attention to the baby or not. Consult with a lawyer, but it is up to the judge. Soon-to-be ex might lose custody in the US, but it doesn’t mean he will also lose his visitation rights if ur friend brings child overseas, not to mention he’s one paying for the child support. Judge won’t buy it.