QUESTION
I want to divorce my illegal immigrant husband and move to another state with our daughters. Can he stop me?
Asked on Jan 31st, 2013 on Divorce - New Jersey
More details to this question:
I want to receive sole custody of our daughters and move to another state. Can my illegal immigrant husband stop me from moving to another state? What are my rights and what are his?
2 ANSWERS
His immigration status has only a very small relation to your custody and relocation case. This is because he is still the biological father of your children. Your right to relocate with the children will largely depend on what kind of visitation rights he obtains or seeks in regards to the children. For example, if he is given visitation every other weekend, and you relocate to a location that makes it impossible for him to continue that schedule, then he can try and prevent you from moving unless you can show that it is necessary and in the best interests of the children for you to relocate.
Answered on Feb 06th, 2013 at 11:46 PM
Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com
Just because he is an illegal immigrant does not mean that he has no parental rights. Generally, you cannot move the child to another state without consent from both parents, but a court may allow you to do it anyway if you make an application and can show that it is in the best interests of the child to move elsewhere.
Answered on Feb 04th, 2013 at 7:37 PM