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  1. #1
    Join Date
    May 2013
    Posts
    1

    Default Can You Create a Custody Agreement that is Binding if You Separate

    My question involves a child custody case from the State of: New York

    Hello,
    I hope this is the right forum for this question..

    My Husband and I are both Israeli citizens that live in New York with H1B Visas (work visas).
    We moved to the US about a year ago and our plan is to move back to Israel in few years. I didn't want to leave Israel to begin with but I did it for my husband. We are now considering having a child and I am worried that if we decide to separate in the future, I will not be able to take our child back to Israel as he will be an American citizen, and that I’ll get stuck in the US because of it.
    I have discussed it with my husband and he agrees to sign a contract which allows me to leave the US with our child in case we separate.
    I would like to get some advice on this issue, is such agreement is possible and will be respected by the US court? What happens, for example, if I lose my legal status (H1B visa is limited to 6 years) and we have an American child?

    Thank you,
    Blue

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Create a Custody Agreement that is Binding if You Separate

    In the U.S., custody is awarded consistent with the best interests of the child. Any agreement you reach with your spouse would be subject to later challenge that it is no longer (or never was) in the children's best interest.

  3. #3
    Join Date
    Aug 2012
    Posts
    403

    Default Re: Can You Create a Custody Agreement that is Binding if You Separate

    It's your decision, but if I were you I would NOT have a child, if there's a chance you'll be trapped somewhere you don't want to be. Not to mention that if you separate and have a child together, you'll be in each other's lives forever. If you think you'll move back to Israel in a few years, wait to have a child then.

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