custody for alien

[pdlm]

hello,

I am european, I am in usa since 2003, I have 1 kid, and married to a us citizen,

I just find out : my wife make escort services jobs and porn movies!

I want get divorve , and I will like to go back in europ !

how can I deal with it?

can i have custody of my son?

my alien statut is unknow, I mean I just fill up form I130, and that's all,
thank you

 

[NYClex]

There seem to be some serious immigration issues here which you should attempt to address.

But that has no influence on child custody issues. If the child has lived in the United States for the last 6 months the American courts have jurisdiction under national law and international treaties. So you would have to attempt to get custody in an American court. American courts use the same standards as in most Western European countries: the interest of the child is paramount, not the interests of any of the parents. The court will look at how you lived so far, and which of the parents can provide better for the interest of the child, it will look at many aspects.

If you can afford it you definitely should consult an attorney, because child custody disputes can be very tricky.

What I would definitely not do is take the child and simply leave the country. This could lead to criminal prosecution for child abduction and a forcible return of the child to the United States under international law.

 

[Duranie]

The child is an american citizen. You will have big problems taking thec hild out of the country. And you should not be able too. Even though the mother is doing some major undesirable work, you cannot automoatically leave with the child.

You should consult a divorce lawyer, or at least stay married long enough to get legal residency. You might want to see an immigration attorney as well.