Legal Question in Family Law in Texas
I immigrated to the U.S. 9 years ago with an employer sponsored visa. I got married with an U.S. citizen 5 years ago, and quickly after the marriage I received the permanent resident card. Over the years my husband started to be abusive. It is not physical abuse, but verbal and mental abuse. Not even to me, even to our little daughter. He threatens me that I would lose my daughter when we get divorced.
- How likely is it that he will get full custody for our daughter?
- How likely is it that I will get full custody for our daughter?
- Our daughter has dual citizenship. Can I move with my daughter to my country of origin after the divorce, or would I still need the permission of my husband?
- Will the divorce affect my immigration status?
- Will my chances to get custody be higher when I receive U.S. citizenship before I file for divorce?
Thanks a lot for your answers!
1 Answer from Attorneys
Easy answers first.
Citizenship should not be a big factor, provided your status is legal as a permanent resident. If you had your conditions waived, then a divorce should have no bearing on your permanent resident status (provided you have not violated your status).
Generally, but not always, the court will require the custodial parent to remain in the county or contiguous county, of the residence at the time of the divorce. This provides ongoing contact with both parents. Exceptions exist, including if the NCP moves away first. Abuse is also a factor.
It is impossible to predict who will get custody. In Texas it is sole or joint conservatorship, and there are various rights and duties that attach in each situation. The court listens to all the evidence, and makes a decision that hopefully is in the child's best interest.
Gather all of your documents, and hire a lawyer asap.
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