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Old January 15th, 2010, 08:17 AM   #1
Simplicity2354
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Name: Casey
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Default Divorce and Custody of Child

I am a USC and my husband is a UKC. We are married and we have a 1 year old child together. I have been living over here in the UK for over 3 years now. I am really wanting to return home badly. I miss my family, friends ect. My mother is not well and is very sick and I feel I should be there with her.
To make a long story short my husband agreed to move to the USA with me but after getting started in our research I have found that he cant move to America because of a criminal conviction. He was in a car accident in 2001 and charged with Death By Dangerous Driving. After a lot of research I have found out that that is considered a crime of Moral Turpitude and there for he can not move to the states.
I am considering separating from my husband because I just cant see myself living over here forever. I am so depressed being here that I feel I am dying inside. The stress I am having worrying about my family back home is also causing me problems. I would rather be heart broken then stay here as bad as that sounds.
At this time I am not sure what I am going to do. I guess I will go home for a long visit and think things through in a few months. But as I mentioned before we have a 1 year old child together and I was wondering has anyone been through this situation?
I cant be without my son and I am afraid of loosing him. What steps do we take with custody living in 2 separate countries? Has anyone done this?
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Old January 16th, 2010, 07:00 AM   #2
Perodicticus potto
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Name: Laura
Nationality: USC/naturalised UKC
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Default

International custody cases can be extremely complicated. I don't know if anyone else on the forum has been through this, but even if they have, their experience will not necessarily be any guide to yours. I'm sorry to say it, but you really need to speak to a lawyer, and preferably one that specialises in this type of case. Good luck.
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Old January 21st, 2010, 04:32 PM   #3
Beth73
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Simplicity2354,
I am really sorry to here how stuck you feel. Is your child a dual USC/UKC? Only that would make their entry easier for you to the US. When I moved here in 2004 my daughter's father signed papers for me to be able to get her visa. He wanted to sign off playing child support in exchange. Not sure if you could use something like that.

So you know I hated it here. I tried and tried to make it here. When I have met to one or two Americans here they seem to have the same problems I was having. We are planning now to move back enough is enough. I would not leave your child at all, their the best thing that Britain has giving you.

Beth
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Old January 28th, 2010, 09:16 AM   #4
Simplicity2354
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I would never leave my son. I couldnt live without him at all. He is a dual citizen , yes. I dont think my husband would try to take him from me but he still would want to see him. I just dont know where to start with this. Of course as a mother I dont want to be without my child even for a day.
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Old February 8th, 2010, 03:05 PM   #5
DaiSpy
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I know my opinion might appear to be what you might expect from a man on this subject, but I'm actually 3,000 miles from home & family, so to do get where you are coming from.

Life has dealt you a hand that you don't want to play, but the stakes are high: you both have a child, and what I am not reading here is what your husband feels about not being able to move to the States? There are three of you in the relationship, and two of you are adults, capable of communicating.

Essentially, it seems to me that this is something you need to be working out with your husband, rather than the relative strangers of the DIA family, good as our intentions might be. It won't be easy or comfortable, but he has a stake in your relationship and your child's welfare that none of us on the board has. You also married the guy, not us, which is a whole other level of commitment and obligation for both parties. At best, you might hope to get some legal advice here that you are going to have to pay a lawyer to validate before you go to court. Planning your exit strategy before engaging in the discussion with him would be dishonest. It's a marriage, after all, not an invasion of a third world country. Does he understand how much you want to leave???

I hope this doesn't come over as harsh comment, because like I said, I understand what it is to be thousands of miles from home in a foreign country.
A stranger in a somewhat familiar land
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Old February 9th, 2010, 12:52 AM   #6
geally
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Is there any way that you can make extended visits to the US? I would hate to see you have to sever your marriage, and break up your child's family, if there is any way that the two of you can work this out.
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