Child Custody Between a U.S. Citizen and Permanent Resident
A couple in Florida is divorcing. The husband is a U.S citizen, and both of their children were born in the U.S., but the wife is a LPR. She would like to return to her nation of origin with the children after the divorce. Will she be allowed to move out of the country with U.S. citizen children?
Re: Child Custody Between a U.S. Citizen and Permanent Resident
It is possible for her to get a court order that grants her primary custody and permission to domicile the children in her country of origin, if her husband agrees to that outcome or if a court is convinced that her proposed arrangement is in the children's best interest. If the father is going to object to her plan, she should start working with a family lawyer ASAP in order to determine a strategy that will best protect her interests following a divorce.