Legal Question in Family Law in California
Can my wife leave the US with our children?
We are British and recently seperated.
Ten years ago we moved to the US from the UK for my job. Our kids are 9 and 6 and were born in the US and have joint citizenship. My wife does not work and only just got her green card.
My wife has said that if the seperation becomes permanent she may move back to the Uk to be closer to a support network of family and friends.
My wife's point of view is that she gave up her career, family and frineds to support me in the US and now i have left her. She has no support network over here and may return ''home'' to the UK.
My lawyer advised that she can do this if she can prove that her support network is there and the kids would not be harmed (which I agree that they would not)
The lawyer also advised that it would be very difficult for me to fight and win a case if she left and moved to the UK
Thnaks for the advice this is obviously a big issue for both of us.
1 Answer from Attorneys
Reply: Can my wife leave the US with our children?
In a general sense, the legal test is not whether or not your children will be harmed, the legal test is best interests of the child.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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