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Permanent Resident Question re. Divorce/Child Custody

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  • Permanent Resident Question re. Divorce/Child Custody

    Hi, I am a Permanent Resident from England and have lived in the USA for approx 15 years, married for nearly 14. My husband has told me he doesn't want to be with me anymore and wants me to go back to England asap, without a divorce or anything!? We have three children together, my oldest was born in England and the other two, in USA. My question is, if I leave and take my children home, can my husband accuse me of 'kidnapping my children' and get them back and ban me from seeing them again (I have been told this could happen so I would like to know if this is true). On the other hand, if I go ahead with divorce proceedings, can my husband stop me from ever going to live in England with my children? I live in Michigan, where it is a no fault divorce, I'm not sure if this will have anything to do with it. I have been through this about 3 times before but didn't do anything because of all the complications with my children. I am now to the point where I figure that I have to do something ... but it's so complicated! I would truly appreciate any help - thankyou so much!

  • #2
    Hi, I am a Permanent Resident from England and have lived in the USA for approx 15 years, married for nearly 14. My husband has told me he doesn't want to be with me anymore and wants me to go back to England asap, without a divorce or anything!? We have three children together, my oldest was born in England and the other two, in USA. My question is, if I leave and take my children home, can my husband accuse me of 'kidnapping my children' and get them back and ban me from seeing them again (I have been told this could happen so I would like to know if this is true). On the other hand, if I go ahead with divorce proceedings, can my husband stop me from ever going to live in England with my children? I live in Michigan, where it is a no fault divorce, I'm not sure if this will have anything to do with it. I have been through this about 3 times before but didn't do anything because of all the complications with my children. I am now to the point where I figure that I have to do something ... but it's so complicated! I would truly appreciate any help - thankyou so much!

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    • #3
      The best route in this situation is to get a lawyer.
      Good luck.

      Comment


      • #4
        Hi Medsavane, Thankyou for taking the time to reply and wishing me luck

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        • #5
          Dear Jayne,

          As a permanent resident your husband can't make you go back to England. If he doesn't want to live with you anymore, don't just leave and make it easy for him. Get a divorce lawyer and make sure you are protects as well as your children. Your husband has a responsibility to them financially. If you leave without getting a divorce, he could claim that you kidnapped the kids and this would cause a lot of problems for you. Please go talk to an attorney, do some research online and by all means, don't beleive what he says. Divorce is not easy and it can get messy, so protect yourself.

          Good luck!

          Comment


          • #6
            dear jayne,u should not initiate for getting divorce.divorce is not easy in USA.if ur husband do so he has to take a lot financally burdon upon him.he will have to fulfill the basic needs of urself as well ad ur dear children.MY close relative in NY is doing so.hi is not permitted to go to the street of his wife.ur children will remain in ur custody till they became adult.

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            • #7
              Get a lawyer - You have custody (visitation) issues, maintenace payments, real property divison issues, possible alimony issues. You need a divorce lawyer. My no fault 3 month stamp divorce took 3 very painful years. As a permanent resident for 15 years you can apply for citizenship. DO IT. You will not lose your British citizenship. What ever you do -do not be afraid or let him bully you. You have as much right as he does. And don't let him say he "will get the kids" - he won't. DO NOT LEAVE THE COUNTRY UNTIL THE DIVORCE IS FINAL. You can initiate if you want to - The divorce laws do not penalize you if you file.

              Comment


              • #8
                Thankyou bigdummy, no and dragonlady, your words are priceless and I am so grateful for your support. I felt powerless before writing my post, but feel so much more confident after reading your replies. Thankyou so much! It's off to see a Lawyer!

                Comment


                • #9
                  Keep in touch and let us know how you are doing.

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