Can I get physical custody if I move to another country?

[cindyscheid]

I am a UK citizen. I have been married 6 years to my American husband, live in Michigan, and have an 8 week old daughter. I have never worked whilst living in the USA but prior to that had a professional job in the UK. I would like to apply for a divorce from my husband but I am worried I will not get custody of my daughter. I want to move back home to the UK where my family network and support system are and where my job prospects are good. If I were to apply for sole physical custody, would the courts grant it? And if they would, what kind of visitation would my husband be granted?
Thanks in advance

 

[Gail_in_Georgia]

Unless there are unusual reasons (which you haven't indicated in your posting) it is unlikely you will get sole custody. In fact, your husband, if he filed, might be one who has a better chance of custody since he is likely employed and thus could argue he is better suited to provide financially for your daughter.

Gail

 

[Duranie]

First of all you will not be able to move the child to England without consent of your husband. He may never see the child again if you move. Do not count on the courts siding with you on this one. He also must agree to a passport and if you want to move I would not count on that happening. If by some chance you can get him to agree to the move that is your best bet and be very flexible and willing to pay for transportation. The issue is here, with you being in UK he will have a hard time getting you to comply with any visitation order and he will have little recourse to go after you. Personally he would be a fool to allow the move but you are going to have to hire an attorney and battle it out in court. You might have to stay in the US unless you give custody to Dad which I am sure you will not do.