Legal Question in Family Law in Maryland
Re-Marriage
I have been divorced 5 years. In that time I was granted sole legal and sole physical custody of our 8-year-old daughter. My ex attempted an abduction to Japan and also made false allegations. After she was caught in CA and ordered to return to MD for trial and also after an extensive investigation disproved her allegations, I was awarded full custody and she had supervised visitation, which has since evolved into alternating weekends for her.
My question:
I met someone in another country. We communicate daily via e-mail and telephone. We have spent time together during several visits to the US for a week at a time during each of her (3) visits. We share the fact that we are
both single parents. We enjoy being together and have a great time together.
She has met my daughter and they are both very comfortable with each other and enjoy being together.
It�s been 5 years since I have been in love. I am in love now. My fiance and I have discussed her relocating here to get married.
I would like to know your thoughts on how best to achieve this objective and not jeopardize my custody. My ex surely will object. At what point At what point is it
considered safe or reasonable for me to remarry?
1 Answer from Attorneys
Re: Re-Marriage
On the custody front, your ex-wife would have to allege and then prove some sort of detrimental affect your fiance and her child's presence would have on your daughter. Given her history, it sounds unlikely a court would order any kind shift in custody.
On the immigration side of things, your fiance is likely eligible for a K-1 fiance visa (and the daughter a derivative K-2 if she is under 21). This permits entry into the US for the purpose of marriage. The conditions are that you in fact enter into a valid marriage within 90 days of her entry, and then apply for "adjustment of status" (aka a green card) within 2 years of marriage.
Congratulations on your engagement and good luck.
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