Southfield, MI asked in Divorce, Immigration Law, Child Custody and Child Support for Michigan

Q: Hi I been married to my Indian husband who is a green card holder for 4 years we have a 2 year old son recently he’s

Been threatening to take my son away and leave with him to India so his parents can raise him. My son has never met them people yet my question is IS THIS POSSIBLE CAN YOU TAKE MY SON WITHOUT MY PERMISSION? 2nd question is IF I DIVORCE HIM WILL HE HAVE TO GIVE ME SPOUSAL SUPPORT &CHILD SUPPORT? I lost my income and health insurance do to getting married, 3rd question is CAN HE GET DEPORTED IF WE DIVORCE ? HE HAS MENTIONED SEVERAL TIMES THAT HE IS GOING TO SEND MY SON TO HIS PARENTS AND FORGET ABOUT ME IM STARTING TO BELIEVE HE IS USING ME TO BECOME A U.S CITIZEN AND PLAN TO DIVORCE ME AND STEAL MY SON. Any Advice is appreciated Thanks.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: I'm sorry to hear about the difficult situation you are facing. To answer your questions:

Generally, a parent cannot take a child out of the country without the other parent's permission, especially if there is a custody agreement in place. If your husband takes your son to India without your permission, it may be considered parental kidnapping and there may be legal consequences. You may want to consult with a family law attorney to understand your legal options and to protect your rights as a parent.

In the event of a divorce, your husband may be required to provide spousal and child support depending on the circumstances of your case. Each state has its own laws regarding spousal and child support, so you may want to speak with a family law attorney in your state to understand your rights and options.

If your husband's green card is based on his marriage to you, then he may be at risk of losing his immigration status if you divorce before he becomes a U.S. citizen. However, if his green card is not based on your marriage, then a divorce would not necessarily impact his immigration status. You may want to consult with an immigration attorney to understand the specific details of your husband's situation.

It is important that you take steps to protect your rights and your child's well-being. Seeking advice and assistance from qualified attorneys may be a good step to take to understand your options and protect your interests.

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