British Mother with dual nationality child custody rights if in the USA?
Nov 6th 2006, 3:27 pm
#16
sun lover
Joined: Jul 2006
Location: Mesa - AZ
Posts: 271
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by loopsta29
Thank you so much for the information, that has answered a lot of my questions, I think the best bet is to keep it as amicable as possible and get his permission to take our son back to the UK to live.
Hey keep your chin up, you are amongst friends here, and always will be.
Nov 6th 2006, 3:34 pm
#17
Retired
Joined: Apr 2004
Posts: 34,649
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by loopsta29
I'm a lawful permanent resident,
If your child is an American then custody issues aside, you should be careful about abandoning the US until you can become a US citizen yourself. Otherwise you may encounter a problem if your child decides (as an adult) to return to the US, as your own residence status would be long gone.
Nov 6th 2006, 4:06 pm
#18
Account Closed
Joined: Aug 2004
Posts: 22,220
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by loopsta29
Hi, I am a British US Resident living in the states, I am trying to find out my rights, my US born citizen husband and I are no longer getting along, we have been married for 3 years and after his recent indiscretions I can no longer live with him, let alone in this country, however I have no family here and he has a lot so I am afraid he will try and take my child away from me, either through a lawyer as I am only a resident or his family will just take my child.
Please if anyone has any advice about my rights I would be ever so grateful.
Please if anyone has any advice about my rights I would be ever so grateful.
NEXT!!!!!
Nov 6th 2006, 4:10 pm
#19
SUPER MODERATOR
Joined: Dec 2005
Posts: 88,105
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Rushman
Cozy up to your husband (however displeasing this may be) for a few weeks while you secretly get your nipper a UK passport and then when it comes in the post leggit back to blighty....Simple!!!!
NEXT!!!!!
NEXT!!!!!
Nov 6th 2006, 4:22 pm
#20
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Joined: Aug 2004
Posts: 22,220
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Jerseygirl
Don't think she can do that. The baby being a USC...would have to leave the US on his US passport. She could very well be asked to provide proof that the baby's father gave his consent for the baby to be taken out of the country.
Honestly Jersey...you are so naive but I'll make a villain of you yet.
Nov 6th 2006, 5:03 pm
#21
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Joined: Dec 2005
Posts: 88,105
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Rushman
If the baby leaves the US on a UK passport how are they going to know its a septic.....do they cooo with a different accent them? Honestly Jersey...you are so naive but I'll make a villain of you yet.
Honestly Jersey...you are so naive but I'll make a villain of you yet.A UK court would probably rule that the baby must be returned to the US. If she wanted to come back with the baby the authorities aren't going to look very favourably on her are they?
Nov 6th 2006, 5:07 pm
#22
Account Closed
Joined: Aug 2004
Posts: 22,220
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Jerseygirl
A UK court would probably rule that the baby must be returned to the US. If she wanted to come back with the baby the authorities aren't going to look very favourably on her are they?
Its only a small porky.
Nov 6th 2006, 5:20 pm
#23
Joined: Mar 2003
Posts: 68,280
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Jerseygirl
A UK court would probably rule that the baby must be returned to the US. If she wanted to come back with the baby the authorities aren't going to look very favourably on her are they?
Nov 6th 2006, 8:51 pm
#24
Septicity
Joined: May 2004
Posts: 23,762
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by loopsta29
I'm a lawful permanent resident, that is very worrying I would never see my british family again!
Arizona is a no-fault state for marriages. They simply ain't interested in who is at fault for the divorce. On the plus side, it's also a community property state, so any assets gained after the marriage are in the pot.
Nov 7th 2006, 12:01 am
#25
Maño-Americano
Joined: Apr 2003
Location: In the heart of the Ozarks
Posts: 10,216
Re: British Mother with dual nationality child custody rights if in the USA?
One thing seemingly forgotten in the responses is: What will be best for the child? Although you and the father have difficulties, does that mean that the child should be denied having a father? If you go back to England that is what will happen. I know nothing about the guy, but if he is not a danger to the child then it would seem very selfish of you to take the kid away from him forever.
Nov 7th 2006, 1:55 am
#26
@matthewb76
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Re: British Mother with dual nationality child custody rights if in the USA?
If the child has lives here in the USA within the past X months, then he is classed as a resident of here.
And the British courts will uphold that, no matter whom the parents/ nationality are.
www.reunite.org
And the British courts will uphold that, no matter whom the parents/ nationality are.
The removal of a child from their country of habitual residence by one parent (or person who has parental responsibility) without the agreement of the other parent (or person who has parental responsibility) is classed as "wrongful removal" under the terms of the Hague Convention on the Civil Aspects of International Child Abduction.
Last edited by Manc; Nov 7th 2006 at 1:58 am.
Nov 7th 2006, 2:08 am
#27
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Joined: Jul 2003
Location: phoenix,az
Posts: 24
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Manc
If the child has lives here in the USA within the past X months, then he is classed as a resident of here.
And the British courts will uphold that, no matter whom the parents/ nationality are.
www.reunite.org
And the British courts will uphold that, no matter whom the parents/ nationality are.
www.reunite.org
Nov 7th 2006, 2:13 am
#28
@matthewb76
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by loopsta29
Hi thank you all for your advice, my son does in fact have both a US and British passport, my husband has verbally given permission and wants to work this out as friendly as possible, he has even said he will move to the UK with us, living spearalty of course, I hope this thread will be of use to other people, but I wuldn't wish this situation on anyone.
get the verbals in writing on paper.
and notarised.
Nov 7th 2006, 2:17 am
#29
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Joined: Jul 2003
Location: phoenix,az
Posts: 24
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by Manc
once divorced, your husband has no right of abode in the UK.
get the verbals in writing on paper.
and notarised.
get the verbals in writing on paper.
and notarised.
Nov 7th 2006, 2:19 am
#30
@matthewb76
Joined: Jul 2003
Location: Missouri
Posts: 21,886
Re: British Mother with dual nationality child custody rights if in the USA?
Originally Posted by loopsta29
Yes I know, thats why I'm thinking separation right now as it would work both ways in the divorce settlement, he has a lot of debt and I have some cash tied up in the UK which he could be entitled to half of in a divorce I worked too hard to get that to let that happen.
