Green card holder wish to get a divorce and return to home country with my kids

Mykonos

New Member
Jurisdiction
Florida
Hello,

I want to get a divorce from my husband but I need to know if, as a green card holder, can file for divorce and be able to take my kids with me back to my country. My kids were born in the US and I am not sure if I can take them with me without their father's consent. My green card expires in 2019, I definitely want a divorce and I am not willing to stay in the US. I am a stay at home mom and my husband travels a lot for work. Will I be able to get main custody even if he disagrees ?

I really need some advice.
 
Hello,

I want to get a divorce from my husband but I need to know if, as a green card holder, can file for divorce and be able to take my kids with me back to my country. My kids were born in the US and I am not sure if I can take them with me without their father's consent. My green card expires in 2019, I definitely want a divorce and I am not willing to stay in the US. I am a stay at home mom and my husband travels a lot for work. Will I be able to get main custody even if he disagrees ?

I really need some advice.


Anyone can seek and obtain a divorce.
You can return to your homeland without obtaining a divorce.
Your kids won't be allowed to leave the USA unless your spouse agrees to their being removed.
 
You need to speak to a divorce attorney. We don't know the circumstances of your divorce and the possibility that you might be able to both obtain sole custody and leave the country with your children. It may be possible under certain circumstances, such as if your husband is convicted of a felony crime. However we have no idea as to the details which lead to your decision to seek a divorce. Good luck to you.
 
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