If I’m on a visa and am leaving the country, if our children are US citizens will the court give their father full custody?

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If I’m on a visa and am leaving the country, if our children are US citizens will the court give their father full custody?

I’m married to husband who is on H1b; I’m an H4 spousal dependent visa. I’m a stay-home mom to 2 kids born in the US, with dual citizenship. My husband works 11 hours per day. Since I am not allowed to work in the US I never found my place and want to move back to Scandinavia, my career and my family. However, my husband refuses to go back. He has all the money to hire good attorneys and can prove he can support the kids to go to the best schools, etc. We own a house. Does he need to sell to buy me out if we divorce? I want to bring our kids back. I realize I will loose my status and leave the country in 60 days. Thier father can stay here legally I’m so scared to loose my babies.

Asked on November 18, 2012 under Family Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a family law attorney to assist you in the difficult situation that you are writing about as to a possible divorce and custody battle. Depending upon the age of your children and their desire to remain in the United States, the court could issue a custody order that your husband has the children and not you if you wish to live in another country.


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