Legal Question in Family Law in New York

married in croatia,live in new york,where do i divorce

and am pregnant now.where do i start? if i tell my husband that i am pregnant,after divorce will i be able to take baby with me to europe and stay there and what his rights would be?what about child support?can i not tell him at all?do we file divorce here or in europe?married for almost 3 years and both living in ny for more than 7 years.thank you


Asked on 4/19/04, 2:37 pm

3 Answers from Attorneys

richard feldman richard d. feldman

Re: married in croatia,live in new york,where do i divorce

this a very complicated issue that requires planning. you should discuss with an attorney.you can call for free consultation at 212 683 8677

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Answered on 4/19/04, 4:04 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: married in croatia,live in new york,where do i divorce

This is not a difficult problem.

If you are divorced in NY, then the divorce arrangements will be made by the NY court. If you are awarded child support, etc - then the European courts will enforce it there - in their own way. What that is, I do not know.

If divorced in Europe, then the European courts will decide the arrangements. American courts will enforce the Eurpean decision up tp a point.

You can get divorced here or there. A New York/American divorce is valid and legal in Europe.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/19/04, 9:47 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: married in croatia,live in new york,where do i divorce

The Natural Father of your child has exactly the same rights and obligations to and for your child as you do, whether the child is born in or out of wedlock; and notwithstanding whether you are in or outside of Europe.

Historically, European law has tended to favor the male re his paternity rights, versus favoring the female's obligations to mother. That means, you should not expect a more favorable disposition in Europe than you might receive in the US, given the description and implications of your circumstance, if you expect to advise your spouse of the existence of HIS child; and HIS obligation to support; and expect that he will accept obligations without HIS attendant RIGHTS AND ACCESS TO HIS CHILD.

Consider carefully how you wish to proceed.

GOOD LUCK,

PHROSKA L. McALISTER, ESQ.

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Answered on 4/21/04, 9:31 pm


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