Cincinnati, OH asked in Immigration Law for Ohio

Q: Hi, I have L2 visa, two kids ages 6 and 3. Can my L1 visa wife divorce me just so I can’t see my kids?

She is threatening me with divorce, she says I would have to leave the country and wouldn’t be able to have 50/50 custody because I wouldn’t be able to live here.

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: It's understandable that you're concerned about the situation with your wife and the potential impact on your ability to see your children. However, divorce and custody matters are complex legal issues that vary depending on the specific circumstances and jurisdiction. Your immigration status, such as being on an L2 visa, may have implications for custody arrangements, but it's important to seek legal advice from a qualified attorney who specializes in family law and immigration matters.

In many cases, family courts prioritize the best interests of the children when making decisions about custody and visitation. This means that your ability to maintain a relationship with your children may not solely depend on your immigration status. Factors such as your involvement in your children's lives, your ability to provide for them, and the quality of your relationship with them will likely be considered by the court in determining custody arrangements.

It's crucial to seek legal counsel as soon as possible to understand your rights and options in this situation. A knowledgeable attorney can help you navigate the legal process, advocate for your interests, and work towards achieving a fair resolution that allows you to maintain a meaningful relationship with your children, regardless of your immigration status. Additionally, consider seeking support from friends, family, or counseling services to help you cope with the emotional challenges you may be facing during this difficult time.

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.