Need advise for Divorce

[Maryam]

Hi,

This issue concerns my sister. She is living in united states for the last 3 years after marriage. Her husband wasnt good from day 1 but she compromised and now he tried to attack her and kill her which is why she had to call 911 and all. Now she is in our relatives home in DC. she has a 2 month old baby boy with her. All i want to know is should she file for divorce from PA where she used to live or from DC where she is living now? Also if she wants to come back to her home country what does the law say for the child? As she has family in Pakistan so she would want to go there and the father is least bothered with the child. Please suggest what legal action she should take.

 

[Duranie]

She needs to meet the residency requirements in DC, which is at least 6 monts, before she can file there. She should also look into filing a restraining order.

Is the father of the child Americak or from Pakistan? She might have a hard time moving back to her own country, if dad disputes it. Unfortunately he does have rights.

She should look into seeing an attorney in DC as soon as residency requirements are met.

 

[Maryam]

He has work permit but not green card that has been applied for both of them and the stage 1 is cleared now. But she doesnt work there so how is she going to stay there for more as she has spouse visa so she cant do a job there? She was thinking of filing the case from PA now but still she has to come back to Pakistan sooner or later and the baby is on mother's feed so wont he stay with the mother?

 

[Duranie]

She can file in PA then. Was the baby born in the USA? The baby is an american citizen, if her husband disputes her moving then yes she may have a problem. The baby being breast fed doesnt matter, she still canot automatically move. The baby needs a passport and the husband can prevent the baby getting one.

She needs to see an attorney in PA for the best advice. If she has no money it is possible she might be able to petition the courts to get him to pay legal fees.

 

[carney]

But the husband is not an American citizen yet, so techically the child is not an American citizen. I would think that she would not be able to file for divorce in this country if neither the husband or the wife are citizens. If she's wanting to move back to Pakistan, can't she do that now and file for the divorce there? (I don't know what kind of laws they have there on divorce) I would be afraid that if she can't become an American citizen and the father does that they would kick her out of the country and he would get the baby. Is the father from Pakistan too and where did they get married?

 

[Maryam]

They got married in pakistan and no the father is not yet american citizen. The green cards are applied for both of them and the child is born in america so he is automatically a citizen. Their green card may arrive in 6 months or so am not sure but the father tried to kill her and he doesnt care about the baby as well so wont the law say anything that the baby should stay with the mother?

 

[Duranie]

She needs to file a restraining order first. she needs prove he is a threat, be sure she documents everything.

I am pretty sure the child is an american citizen if born here, so she may have a problem moving, but only an attrney can tell her for sure.

 

[carney]

If the husband was not arrested for trying to kill her then it will be her word against his word in court. That wont matter as far as the child goes. They still let parents like that get custody and have visitation. I have a restraining order against my exhusband and it didn't help keep him away from the children and I can't move anywhere without going to court and going through a big ordeal.
You need to call your state attorneys office and ask them if the child is an american citizen if the child is born to both parents who aren't citizens yet. My husband's 2nd child was born in England to american parents and that didn't make her a citizen of England, so you really need to check on that to make sure. That's really her only hope of leaving the country with the child.