Legal Question in Family Law in California
International Child Support
I have 2 kids with my husband of 1 year. We have lived together for 11 years, got married last year, 2007.
I am decided to get a divorce, he tells me the children will remain here with him that I can't take them to my home country which is Brazil. I need to know my rights as a mother, the natural guardian of these children. My current residency status is I have entered US legally under tourist visa, and I have overstayed, he has not filed for me yet although we have lived together 12 years now, legally married only 1. How does child support would work if I file here and go back to Brazil? My children have double nationality, can they travel without his permission? They both have brazilian passports/us passports as well. I need help ASAP.
1 Answer from Attorneys
Re: International Child Support
You would need to get a court order for child custody and child support in the U.S. It would be enforceable in the U.S., whether you are physically here or not. You would need to talk to an attorney in Brazil to find out what the law there is.
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