Soon to be ex-wife is not a US citizen
April 20, 2009 by admin
Filed under Ask the Lawyer
Question:
My soon to be ex wife is filing for divorce. She is not a US citizen, although she does have a permanent green card. She is from Russia and retained her Russian citizenship. Now I’m worried that she will win custody of the children and take them away to Russia. Can she do this?
Jim in Pennsylvania
Answer:
I am not licensed in Pennsylvania. Therefore, I am not versed on the jurisdictional requirements for filing divorce in Pennsylvania. Most state merely require that you or your spouse live in the state for a requisite period. This may be for a 6 months, a year or longer. I recommend you consult an attorney your state to determine its residency requirement. The court will likely consider her green card status when determining custody. If she is planning on returning to Russia, it will likely make it more difficult for her obtain custody. If she does stay in the U.S., the divorce decree needs to have specific provisions concerning travel to Russia with your children.
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