Legal Question in Family Law in Virginia

I am from India, my kids are born in USA. I am seperated from my spouce in virginia, already agreed on joint custody and signed the property settlement.

I am under spouse visa sponsorship with work premit right now. My green card is going to be issued next year, and my spouse has agreed before to not finalize the divorce untill greencard. As i have to go back to India, and kids will suffer without their mother. But we are closer to 1 year seperation date in May and my spouse is treatning to finalize the divorce. If i had to go back to india, will i have visitation rights, will the mother be given custody or visitation rights. please advice.


Asked on 4/12/12, 1:45 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Yes, the Virginia court would award you at the very least visitation

rights. Beyond that, however, I cannot say as I know virtually none of the relevant facts in your case. Nevertheless, I can say with reasonable certainty that if you do not have an attorney representing your interests in this divorce, you will very likely end up with "the short end of the stick", so to speak, with

respect to all of the important matters involved in the dissolution of

your marriage, including those involving custody, visitation as well as support.

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Answered on 4/12/12, 8:44 pm


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