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.
A:
It is not legal for your husband to take your son without your permission. As a parent, you have the legal right to make decisions regarding your child's custody, care, and control. If your husband takes your son without your consent, it could be considered parental kidnapping, which is a crime.
If you divorce your husband, he may be required to provide child support and possibly spousal support, depending on the circumstances of your marriage and the divorce. The amount and duration of these support obligations will be determined by the court based on various factors, such as your respective incomes and the needs of your child.
If your husband obtained his green card through marriage to you and you divorce him within the first two years of marriage, he may be at risk of losing his green card. This is because his green card is conditional for the first two years, and he must demonstrate that the marriage was entered into in good faith and not for immigration purposes. If you divorce him during this time, he may have to provide evidence to show that the marriage was genuine and that the relationship broke down despite good intentions.
If you are concerned about your husband's threats to take your son and leave the country, you may want to consult with an experienced family law attorney who can advise you on your legal rights and options. An attorney can help you explore your options for obtaining a custody order or restraining order to protect your son and your rights as a parent.
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