Legal Question in Family Law in North Carolina

in a seperation or divorce

hello, i am not a american citizen but live in the united states with my husband and son. we have come to terms about getting a seperation or divorce. What will happen with our son if i decide to leave with him,and move home(canada) and if we go to court how do the courts determine who get our son. The main question i have is because im not a us citizen, do i have no rights to my son who is a us citizen. My husband seems to think because im not a citizen i will not get him..is he right?

Asked on 1/14/07, 5:27 pm

2 Answers from Attorneys

Dennis Gibson Law Office of Dennis Gibson
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Re: in a seperation or divorce

When determining who gets custody, the courts follow the general rule of what is in the best interests of the child. While exercising visitation over such a distance would be inconvenient, I don't think the courts would hold being Canadian against you.

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Answered on 1/14/07, 6:39 pm
Judy Tseng Wake Law Office
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Re: in a separation or divorce

Your husband is wrong. The fact that you aren't an American citizen is irrelevant. As the other attorney said, the standard in determining child custody is "the best interests of the child." You should hire a lawyer if you and your husband cannot work out an arrangement yourselves. Good luck.

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Answered on 1/14/07, 9:42 pm

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