Frederick, MD asked in Child Custody, Divorce, Family Law and International Law for Maryland

Q: Need some advice here regarding my father, stepmom and custody that crosses international borders

Stepmom is from England, Son was born here in the US while they were married. They are now separated and stepmom, bro live here in Maryland while my dad is still in Texas. They have no formal custody agreement and divorce papers have not been filed. She doesn't want my father to have contact due to a number of reasons, she wants to move back to England with my brother next year. Is this something she can do or does she have to have a binding custody agreement? If she is marriage legal but not green card legal, if they get divorced, would she be deported? (I'm not sure of her citizenship to be 100% honest-- just know they are legally married and she has a work visa and whatnot) To take him out of the country, does she need judge approval and other parent approval? He's 7 so it's not like he could decide logically for himself. Could I petition for visitation to stop him from being taken out of the country? She lets me get him whenever and shes a great mom but I don't know options.

1 Lawyer Answer
Richard Sternberg
Richard Sternberg
  • International Law Lawyer
  • Potomac, MD
  • Licensed in Maryland

A: The parties interested in custody need to consult Maryland counsel. This issue cannot be competently handled by remote control with an interested, non-custodial step-brother.

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