QUESTION

As a US citizen, what will happen to my child if I divorce my husband who just got his visa?

Asked on Jul 27th, 2012 on Divorce - Michigan
More details to this question:
We have been married for couple years but no love bonded between us. He loves me but I can't stand him. He got his visa 2 weeks ago and now he's here with me and my 3 year old daughter. I'm only 21. If he divorces me will I get to keep my daughter? And can he get his citizenship without my presence? What are the advantages and disadvantages from both sides? I have no knowledege in this subject so please educate me with information.
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6 ANSWERS

Bankruptcy Law Attorney serving Huntington Woods, MI at Austin Hirschhorn, P.C.
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If your husband is the father of your 3 year old daughter and you divorce him he would be responsible along with you to support the child. If he got his visa based upon his marriage to you and the immigration authorities determine that the marriage was only entered into to assist him in getting citizenship he could be deported. If he is not the father of your 3 year old daughter, he would have no obligation to support her and based upon your age and the short duration of the marriage it is unlikely that you would be awarded spousal support if you were to divorce him.
Answered on Aug 23rd, 2012 at 2:25 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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You really need to contact an immigration attorney immediately.. What happens will be highly fact dependent.
Answered on Aug 14th, 2012 at 10:32 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You will need two attorneys, one for the divorce, and on for the immigration issue (which is not your issue - but his). Generally mothers receive at least 50%, and most commonly much more of the parenting time. He will have his rights as well. They are independent issues. I will need much more information to form a firm opinion Call my office with additional details and for an appointment.
Answered on Aug 14th, 2012 at 10:31 AM

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Dennis P. Mikko
If he is not a citizen and has no claim to citizenship then if you divorce he may have to leave the country. However, in the course of a divorce action a determination would be made as custody, child support and parenting time. Since you are a U.S. citizen, chances are good that custody would be placed with you.
Answered on Aug 14th, 2012 at 10:31 AM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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You will need to consult with an immigration attorney to find out what effect, if any, a divorce would have on your husband's right to remain in the U.S. As for your daughter, I assume that your husband is the father (because you do not state so). If he is not, then the child is not an issue for the divorce and he has no standing to seek custody or parenting time. If he is the father, then the child is at issue in the divorce, and custody and parenting time must be addressed.
Answered on Aug 14th, 2012 at 10:31 AM

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Leonard A. Kaanta
Yes you can divorce your husband, the grounds for divorce in Michigan are that the bonds of matrimony have been broken and there remains no reasonable likelihood that they can repaired. If are the primary care take, you get custody. You need to see a divorce attorney.
Answered on Aug 14th, 2012 at 10:30 AM

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