Results 1 to 10 of 10

Hybrid View

  1. #1
    Join Date
    Mar 2011
    Posts
    5

    Default International Custody for a Dual Citizenship Child

    My question involves a child custody case from the State of: Illinois
    Here is my situation any advice or help is appreciated:
    I am a European citizen, married in US, Illinois to an Us citizen for almost 7 years. Currently I am on a green card. We have a child together and we live together but I have been exploring the option of getting a divorce, I have no family here and after a divorce I would lose my immigration status so my only option will be to return to my country. Of course I would take my child with, who has a dual citizenship. My question is -what are my rights to do so? His father will fight me to the bone so this isnt going to be easy, I know the court would have to decide on who gets the child, but so far no one has been able to tell me about my rights and about my child's rights at this point. I can provide details if needed. thank you

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Custody for a Dual Citizenship Child

    Why do you think you'll lose your status?

    If you are a legal permanent resident - even through marriage - you will not lose status simply because you become divorced. If you're on "conditional" status, it might be trickier but after being married for 7 years you should have your LPR status by now.



    I went through the same thing - I'm British, and I married a US citizen. Obtained my green card. Several years later the marriage failed...and I am still a legal permanent resident. Please, get that idea out of your head!

    Please consider this, and post back. Because I truly think you have more options than you realize.

  3. #3
    Join Date
    Mar 2011
    Posts
    5

    Default Re: International Custody for a Dual Citizenship Child

    thank you for your help, I honestly havent explored the immigration status situation too much,so I could be wrong about it for sure. I would like to take my child back home because I have no family here and can not support myself and take care of an infant. My family back home can provide and help us. Now, I have taken the child out of the country once for a visit to he has a passport, i dont know if that matters. My intention isnt to take the child away from his dad, I just do not see a future for me here and wanted to know my rights. I know it is a complicated situation

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Custody for a Dual Citizenship Child

    OK.

    So, if you want to actually relocate the child out of the US...you're going to need an attorney.

    US courts are generally very reluctant to approve such moves - there must be a compelling reason to take the child out of US jurisdiction.

    I realize that you think you have no options - but for one thing, if your husband sponsored you via the I-864 affidavit of support he has an obligation to support you. If you've been the child's primary caregiver, you would likely become the custodial parent and be entitled to child support...in the US.

    I really do think you need to speak with an attorney because I have seen many, many cases where the non-US citizen (who makes the choice to abandon their residency) ends up being the visiting parent.

  5. #5
    Join Date
    Mar 2011
    Posts
    5

    Default Re: International Custody for a Dual Citizenship Child

    thank you, you have been very helpful! I did call someone today but i got referred to an attorney with an international experience this one couldnt give a an answer, he did say it is up to the court to decide. He also asked if theres a domestic abuse in the house, which changes things. Well there isnt, in fact he loves both me and our baby and I know it sounds awful but he hasnt worked since I was 3 months pregnant and can't support us and spends zero time with either one of us. I would like to wake up tomorrow with his having a job and wanting to take care of the baby he wanted for a long time but lets realize it will not happen. I am sure I could obtain custody here, in US but I would like to have the option or at least to know how can i move back to Europe with my baby. Yes I would have to speak with someone about the case and I just would like to say my husbands family is 100% behind me and they all promise to testify so we can prove he is an unfit parent. I hate this..

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: International Custody for a Dual Citizenship Child

    I can't see how you're going to prove that he's unfit...you've said nothing at all to even vaguely indicate that, you know?

    Not having a job doesn't mean he's unfit.

    I must ask though - have you been working? Who has been the primary caregiver? How old is the child?

    1. Sponsored Links
       

Similar Threads

  1. Surrogacy: International Surrogacy and Citizenship Issue for the Child
    By surrogate_baby in forum Adoption Law and Surrogacy
    Replies: 1
    Last Post: 06-04-2010, 09:49 PM
  2. Naturalization: Dual Citizenship Between the Phillipines and USA
    By fiddskodak in forum Permanent Residency and Naturalization
    Replies: 1
    Last Post: 07-24-2009, 07:23 AM
  3. Naturalization: Dual Citizenship
    By sariena555 in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 04-06-2009, 08:15 PM
  4. Naturalization: Dual Citizenship and Travel
    By cc1638xp in forum Permanent Residency and Naturalization
    Replies: 2
    Last Post: 11-04-2007, 11:39 PM
  5. Custody Involving Children of Dual Citizenship
    By nevergiveup in forum Child Custody, Support and Visitation
    Replies: 11
    Last Post: 10-15-2007, 11:43 AM
 
 
Sponsored Links

Legal Help, Information and Resources