Ballwin, MO asked in Divorce, Family Law, Immigration Law and International Law for Missouri

Q: I and our 3 kids are dual UK-USA citizens. My wife is USA only. Can kids move to UK with me? If wife wishes to remain...

There's a little disharmony in paradise. Wife wishes to remain in USA (being only a US citizen) and is a stay-home Mom; she has not been employed in over 15 years. I am the sole income. I and all kids wish to move back to England. Kids were born in USA but are all naturalized as UK citizens with UK passports (as well as US passports). If I notify wife that I am moving back to England and the kids can go with whomever they wish, what are her rights? What are my rights? What are the kids' rights?

1 Lawyer Answer

A: You both have equal rights to the children; so the children may move to the UK with you, but she can also submit a court action to have them returned if she disagrees. Talk to an attorney in the jurisdiction where your family lives to discuss your options.

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