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  1. #1
    Join Date
    Aug 2005
    Location
    ct
    Posts
    10

    Default Divorce involving a minor child

    Hello to all.
    I have a couple of questions and was wondering if anyone can help.

    My husband and i were married in NYC almost 4 years ago. We have a 4 yr. old son together. We purchased a home almost 2 yrs ago 9we put title under my mother -in-law due to credit)

    My husband and I got into a huge breakdown (happened often) and he left to his mothers house almost 2 hours away) Days and weeks passed and he didnt come back home. I would call him and tell him to come back for our child he said "no" on numerous occasions.
    SO, now im living in this house by myself and my child. Weeks later i would get threats to leave the house (he was now saying it was his mothers and so forth) he left me and my son with no food, no money
    and a car which was repossed because he had not paid in months)
    I woke up one morning with no car,no heat (he never paid the heating bill,no phone service) and basically getting threats (i have a police report)

    After 4 months of this...(he still didnt come back home) I finally moved with my son to another state (CT) I told him before i moved..he said he just wants me out of the house.

    It is now a year later and he is filing for divorce in NY. I have been residing in CT for almost 8 months with my son. He always had/has an excuse about picking him up on weekends..When i ask him for help with my son's school (he says he has no money) when i ask him to buy our son clothes its the same answer "no money"
    I did take him to child support before i moved to CT.

    Now i get a call from him saying he filed for divorce (didnt put our house or anything else) and he tells me he is filing for joint custody with weekend visitations and physical custody with me.

    My questions are:
    1) Can he get joint custody granted after all he has done to us?
    2) Can I file for sole legal & physical custody?
    3) We have a immigration petition pending due to this marriage which would be denied after divorce..so can i relocate back to my country because of this with my child or will the court prevent me?
    What can happen after the divorce if i have no legal grounds for being here in U.S.?

    If anyone can help , i would appreciate it.
    I have consulted a lawyer and she basically told me to file before he does since my son and I reside in CT (CT is a no-fault state)
    NY does not have a n0-fault divorce .

    I just want the best for my child.Please help.
    Thank you

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

    Default Filing for Divorce in Connecticut

    Your lawyer is correct - you want to file first, and you are hurting yourself by delaying.

    You should consult an immigration lawyer about the consequence of divorce. You should not assume that a court will let you leave the U.S. with the child, particularly if it does not appear that you would comply with a parenting time arrangement.

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