If a US citizen is married to a permanent resident and have 2 kids together, can the wife take the kids to Mexico or can they remain in US?

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If a US citizen is married to a permanent resident and have 2 kids together, can the wife take the kids to Mexico or can they remain in US?

I am a US citizen and my wife is a permanent resident of the US through marriage. We have 2 children together both US citizens. If we divorce, can she take both children to Mexico or do I have a chance to keep them here? What are the laws for child support and/or alimony if she moves to Mexico?

Asked on August 30, 2012 under Family Law, New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The answer to your question depends upon where the presumed marital dissolution is filed. If the filing is in the United States and the marital dissolution decree is issued in a county of a given state, then that United States court in the county where the marital dissolution has occurred has jurisdiction over all matters arising out of the divorce decree including custody issues, child support and perhaps spousal support. Mexican law would have no applicability to your matter.

With that being said, if you want a divorce, file for such in the United States and get your spouse served with the necessary summons and complaint as soon as possible before she takes off to Mexico.


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