If my spouse is not a US citizen and we get a divorce, can she take our child who is a US citizen out of the country?

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If my spouse is not a US citizen and we get a divorce, can she take our child who is a US citizen out of the country?

Asked on January 27, 2012 under Family Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think that you are fearful that she will leave with your child, correct?  That is always a possibility. What you have to do is to make sure that your divore and custody agreement addresses the issue and make sure that your consent to leave the country is necessary (although it is probably impled in that she can not interfere with your custody and visitation rights; leving the country would do that).  Please seek legal help here.  Good luck.


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