Legal Question in Family Law in New York

I am a citizen but my wife is not. She had a TN visa when we met and though we requested US residence for her when we got married in 2008, she has not received her green card yet. We had a baby in November 2009, We both love our child but our relationship is under a lot of stress. If it comes to a divorce, would I keep custody of our baby? I also can attest (and have family and neighbor witnesses) that she is mentally unstable. Would she be deported, given that her residence status was never established? Could she apply for another TN visa (she still has the same employer that sponsored her visa before we married)?


Asked on 9/13/10, 9:21 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

On the immigration questions, you need to contact an immigration attorney. You can ask a question through this same service for that information. As for the custody question, immigration status is not controlling for custody. The Family Court, if you brought a petition, would look to the best interest of the child as the primary criteria in determining custody. That is not the only criteria but the primary. You should consider contacting an attorney before you take any action but be prepared for a very serious fight.

If I can be of further assistance, you can contact my office at 516-746-4747.

Joel R. Salinger

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Answered on 9/18/10, 11:16 pm


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