Legal Question in Family Law in Massachusetts
custody law jurisdiction - Australia or Massachusetts?
My 7 month old son is a dual citizen of Australia and USA. He was born in Australia and came to the USA when he was 3 months old. My husband has since filed for divorce and joint custody in Massachusetts. I have a US resident/Australian citizen and he is a US citizen. Can Australia have jurisdiction over the divorce and custody proceedings? Also we were married in Mass 9 years ago and have been living here the majority of the time, but we also had a wedding in Australia 2 years ago.
2 Answers from Attorneys
Re: custody law jurisdiction - Australia or Massachusetts?
Jurisdiction for divorce is clearly in Massachusetts, based on the facts. Residency, rather than ciizenship or place of marriage, determine the proper jurisdiction for a divorce. In addition, please be aware that the U.S. does not recognize dual citizenship.
You should engage an attorney here, and litigate your right to return to Australia with the child. I would be happy to consult further, and offer sliding scale rates.
Greg Lee
www.gregleelaw.com
:custody law jurisdiction - Massachusetts?
I agree with Greg.
The action is filed where you and your son are legal residents. Since your family has been a continuous resident in Massachusetts for the requisite time, Mass is where the divorce needs to be filed. The location of the wedding only determines its validity in the US.
There may be a reason why your asking about Australian jurisdiction. However, it is not stated.
If you have questions or need assistance, contact me.
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