Legal Question in Family Law in Virginia

Me and my wife are both Pakistani citizens and married in Pakistan 17 years ago with no children. We adopted a boy from a local institute, who is 8 years old now. My in-laws are US citizens, I am unsure if they have sponsored my wife's immigration case. My adopted son was diagnosed with mild speech problems and was being treated in Pakistan. Almost 1.5 years back my wife went to the USA along with her parents with a pretext to get speech therapy in the USA. Once there, I got to know that she wanted a divorce and doesn't want to live with me or come back to Pakistan. I have been trying to reconcile albeit without success, the marriage will probably be called off this year. I wanted to retain custody of the child, which I made clear to my wife. Primary reason is that my wife is not the biological mother. In addition, my youngest sister had nursed my son with her milk making her the 'God Mother' for my son as per our religious beliefs. I intend to go to the USA in December this year to wrap things up and bring my son back.
Are there any potential issues that I must consider or be prepared of before going there?
Are there laws that give rights and protect Pakistani citizens living in the USA on F1/F2 visa vis-a-vis child custody?

Asked on 9/27/14, 1:56 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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0 attorneys agreed

Yes, there are numerous such "potential issues" which

could adversely affect your plans for divorce in the United States in the situation

described and you would therefore be well advise to retain a Virginia attorney

who is conversant with Virginia divorce procedures and who also has some

familiarity with federal immigration law to represent you (n my opinion).

Answered on 10/05/14, 8:26 am

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