Detroit, MI asked in Immigration Law and Child Custody 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



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. Here are some answers to your questions:

In general, a parent cannot take a child out of the country without the other parent's permission or a court order. If your husband were to take your son to India without your permission, it could be considered kidnapping and he could face legal consequences.

If you were to divorce your husband, he may be required to pay child support and possibly spousal support depending on your specific circumstances. The amount and duration of support would depend on various factors such as each spouse's income, earning capacity, and standard of living during the marriage.

Your husband's immigration status could be affected by a divorce, but it would depend on the specific circumstances of his case. If he obtained his green card through marriage to you and you divorce before he has been a permanent resident for two years, his green card may be subject to revocation. However, if he has been a permanent resident for more than two years or if he can show that the marriage was entered into in good faith, he may be able to retain his green card.

It is important that you seek legal advice from an experienced family law attorney who can advise you on your rights and options. If you feel that you or your child's safety is at risk, you may also want to consider seeking a restraining order or other legal protections.

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