Legal Question in Family Law in New York

Non-Citizen Parent Divorce and Custody Laws

My boyfriend has been seperated from his wife now for about a year. They are both non-citizens, but are in process for permanent residency. He works full time, she does not. They have two children and this is where it gets complicated. He has not filed for divorce because she has threatened to take his children back to South Africa with her, if he divorces her she wants to go back there. On top of it even if she didn't want to go back, her visa would soon expire since she does not want to work... and then, the same result of her wanting to take the children back.

The children are US Citizens, they were born here and are 7 and 5 years old. Can he fight for custody to keep them here.. Does the fact that they ARE US citizens and that South Africa is not a place he wants them to grow up come into play?

Please help if you can because the situation is getting out of control and we want to move on with our lives. Him and I have no plans of marriage yet, but down the road it may happen.


Asked on 10/20/07, 9:21 pm

1 Answer from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Non-Citizen Parent Divorce and Custody Laws

You are right, there are some very complicated issues going on here. He does have a chance of preventing the children from leaving the country. He should certainly not not file for divorce because of her threats or status, the children are US citizens and therefore have ties to this country. He needs to speak with an experienced attorney soon, at least for the custody issue. He can contact me for a consultation.

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Answered on 10/21/07, 9:55 am


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