Legal Question in Family Law in Maryland
Rights of Children with Dual Citizenship
I have dual citizenship (Israeli,American)as do my children, although my wife doesn't (Israeli only). We want to come live in the States, but my wife wants me to sign a paper that if she wants to come back to Israel for any reason, she can take our 2 kids without me being able to stop her. If it comes down to this, will I have any recourse to keep the children on grounds such as their well being, or what is better for them? They are 5 and 3 1/2 years old. Will I be able to do something legally from the States even though I signed the paper?
Thank you.
1 Answer from Attorneys
Re: Rights of Children with Dual Citizenship
I wouldn't advise you to sign the paper, unless she will refuse to leave Israel if you don't. In any event, a court here in the states will always consider what is in the best interest of the children irrespective of any agreement you may have signed, especially one with overtones of duress as appears here. If the children are thriving here and you feel it would be detrimental to their welfare to return to Israel should your wife decide to do so at some future time, you could file a petition for custody and argue that events since you signed the "agreement" have changed sufficiently such that the court should disregard it and do what
is in the best interests of the children.
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