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  1. #1
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    Mar 2011
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    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
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    Apr 2009
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    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
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    Mar 2011
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    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
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    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
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    Mar 2011
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    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
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    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?

  7. #7
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    Mar 2011
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    Default Re: International Custody for a Dual Citizenship Child

    I have no idea how to prove anything, I just know my child needs more than a father who spends one minute a day with him because hes sleeping all day. He has been on unemployment, I worked full time until 4 months ago, now I work part time from my house, I can not afford day care, and I have no one to help me.
    not having a job doesnt make him unfit, of course, many other things do, and just because you love a child doesnt mean you a good parent. I do want him in his life I do not want him living with my son, bad example. Not to mention he is on medication for clinical depression, I have tried helping him for years nothing works.
    and to answer you-we live off of unemployment and my part time job, and the baby is 10 months old

  8. #8
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    Default Re: International Custody for a Dual Citizenship Child

    Quote Quoting coffeeinca
    View Post
    I have no idea how to prove anything, I just know my child needs more than a father who spends one minute a day with him because hes sleeping all day. He has been on unemployment, I worked full time until 4 months ago, now I work part time from my house, I can not afford day care, and I have no one to help me.
    not having a job doesnt make him unfit, of course, many other things do, and just because you love a child doesnt mean you a good parent. I do want him in his life I do not want him living with my son, bad example. Not to mention he is on medication for clinical depression, I have tried helping him for years nothing works.
    and to answer you-we live off of unemployment and my part time job, and the baby is 10 months old

    To prove a parent unfit, you're going to need proof of things like...actual physical abuse, neglect, etc.

    If you go to court and actually say that Dad spends only one minute per day with the child and that Dad is sleeping all day...you're going to get laughed out of court. Because it's obvious that what you're saying is an exaggeration.

    Seriously - nothing you have said here indicates that Dad is unfit. The fact that you work (and did) and Dad has been home indicates that Dad has been the primary caregiver, and that's what he will likely claim in court. This is NOT in your favor.

    I'm sorry, but you really need to speak with an attorney; based upon what you've said Dad has a really, really good chance of preventing you from moving kiddo out of the country.

  9. #9
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    Mar 2011
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    Default Re: International Custody for a Dual Citizenship Child

    I am probably not using the right term when I say "unfit". Trust me I am the primary caregiver of my child I am home because I work from home ,I do realize with " he sleeps all day" I cant get far but the environment the child grows up in is important and ours isnt healthy.
    I will be speaking with an attorney and I'll give an update. Thank you for your time and help

  10. #10
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    Mar 2016
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    Default Re: International Custody for a Dual Citizenship Child

    Quote Quoting coffeeinca
    View Post
    I have no idea how to prove anything, I just know my child needs more than a father who spends one minute a day with him because hes sleeping all day. He has been on unemployment, I worked full time until 4 months ago, now I work part time from my house, I can not afford day care, and I have no one to help me.
    not having a job doesnt make him unfit, of course, many other things do, and just because you love a child doesnt mean you a good parent. I do want him in his life I do not want him living with my son, bad example. Not to mention he is on medication for clinical depression, I have tried helping him for years nothing works.
    and to answer you-we live off of unemployment and my part time job, and the baby is 10 months old
    You said he loves you and your child. Have you tried counseling? He has depression that doesn't mean he's unfit or even lazy. Depression isn't what you seem to think it is. It's a good thing he is on medication for handling his depression.

    You need to read what you said "Just because you love a child doesn't mean you a good parent."

    It seems like you've just given up without trying but such is your life. If the first lawyer didn't tell you what you want to hear find another one.


    Ugh damn it I didn't look at the dates...

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