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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
