Legal Question in Family Law in New Jersey
divorce and child custody
My husband and I are legal immigrants and married for 4 years now and we have a 2 yr old son. My husband has been insulting me subtly or ignoring me for quite some time now and I feel depressed all the time. we tried counselling, it didnt work. I tried using antidepressants and no use either. I want to take my son to visit my parents in another country to get away from all this for some time. He does not let me take my son any where without his permission and threatens to end the marriage and gain custody of my son. I dont have any problems ending the marriage but I want my son to be with me and its ok with me if my husband wants to visit him. how should I go about legally to stay away from my husband but have my son with me. If I go for a divorce what are the chances that I will get sole custody of my son. If I divorce my husband , how will it affect all our joint immigration filings with USCIS and joint bank accounts. I am also willing to move to my home country with my son if the immigration status becomes void due to divorce but my preference will be to hold my current job and my son here legally , as it is difficult to survive as a divorced single mother in my home country. Please help.
2 Answers from Attorneys
Re: divorce and child custody
If you get divorce that should not effect your green card. Having a child makes your marriage a real and not a sham marriage. You and your husband would divide between you everything earned during the marriage by either of you, including debts, except for gifts and inheritance. When you speak of sole custody I take that to mean the father is excluded from custody. What is likely is joint custody with your having primary residential custody.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.ccm
Re: divorce and child custody
I suggest you get a divorce attorney and another one to handle the immigration issues. Call me at 732/247/3340 to discuss.
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