British Citizen wanting to Divorce my American Military Man?

Question

Hi

I am as stated British, I have a Greencard and currently live in the U.S I would like to divorce my husband and move back to England. We have one child under a year. I was wondering what the chances are of getting custody? My husband is active duty. Also of getting child support?

Answer 1

Move back to England with your child and file for the divorce there.  Its a horrible thing to do to your estranged husband since it means he won't get to see his child much.  So if you are capable of such a heartless act or you truly have a bad situation calling for such drastic separation...well, that's your prerogative to take action.

Answer 2

You need to hire a lawyer. There's several things at stake.

I'm not sure if you intend on keeping your green card but normally you have to be married to your spouse for five years to keep it.

Usually the law sides with the mother. You'll probably have to take this to court and things could get a little ugly. He has a right to defend himself and to fight you tooth and nail. He also has the right to petition sole custody or joint custody in which case you might not be able to leave the country.

Answer 3

Fair. But he may get a judge to preven you from moving due to visitation reasons.

A spouse in the military can add issues to a  normally routine and then there is this bi nation issue. no on can stop you from getting a divorce, that is easy, but the issue that will be the big deal breaker for any judge is you leaving the usa. expect a fight and some evaulatoins on both sides.

to the person who said you cannot child support if you leave, you wrong, but the brits must enforce it and that may harder to do while he is in service. now if you owed and he stays here that is a bit easier.  the us and uk do have legal reciprocal agreements on issues like this.

seek and internantional lawyer if you  must. otherwise most lawyers have no idea on the intl rules and agrerements. i know where to find them but it is bit lenghty to post here.

Answer 4

Lawyer is needed, one that has knowledge in immigration and custody hearings.

Answer 5

you are not a citizen of the US, your child is an US citizen,therefore, you may not just take him out of the country,# Hague Convention and child protection #

about the custody? not sure? you will need an attorney for consul,

you child will not be able to get a passport, without the father's consent....

please get some legal help....

Answer 6

you cant get child support if you leave the country and custody depends on the circumstances, and who would be the best provider,for the child.

Answer 7

so divorce it, who really care

Answer 8

You leave American soil; I guess there goes your child support.  Why you divorcing him? the poor man is fighting for his country and you are checking out.  Please give him another chance Please!.

I am sorry if I sound unfeeling: I am in the same boat but the reverse; and I was told that I could not get any kind of support cos I am outside Britain and on American soil. I am sorry!