I am a US citizen and my daughter has dual nationality US/UK. We live in the UK with my husband. My husband and I are experiencing grave marital troubles and I want to know if I will have to remain in the UK in order to be with my daughter should we divorce.
Wow..I don't know anything much about international citizenship and divorce. I would venture to say that if you divorce in the UK, then it will depend on who gets custody of your child, as to what happens. First off, in the US, a divorce takes place in one state where the 2 people reside. One person is awarded custody. The custodial parent may not move the child or children out of state to live unless they petition the court. The court may grant the petition, in rare cases if there is a VERY GOOD reason for the move. This is so the non-custodial parent will not be deprived of visitation rights. I would only guess that if you divorce in the UK, you'd have to live there if you get custody. If you divorce in the US, then if awarded custody, it would be up to the father to move to the US for visitation rights. There is such a thing as Dual Custody in the US. One parent takes 1/2 of the year and then the other parent gets 6 months with the child or children. I know nothing of UK divorce and custody laws..Best consult an attorney who is familiar with dual countries and their laws regarding this..Wishing You All the Best :-)
Thank you so much for the information, and though my eyes well up with tears whilst reading it, I appreciate the reality check. Talk about feeling trapped.
I worked with a similar case, mum was Canadian dad British. Although mum had full custody the court ordered that she could not return to Canada. It was a very bitter battle. From our understanding had mum gone BEFORE any court order she could not have been made to return.
In the end mum went to Canada on holiday with her daughter and is having a very long holiday indeed. In that particular case dad was trying to make life hard for mum and the best interest of his daughter was irrelevant to winning.
You do need to seek legal advice. We had thought that the fact that mums support network was in Canada would be enough to allow her to return, sadly the judge decided it wasnt.
I wish you luck, get the advice but also ask about if you were to make a move before any court order is in place.
Hi again Dianne..I'm so sorry that my post made u upset and feeling so trapped. U didn't say where u both were married..US or UK? If in the US, then you might be able to or even have to come back here to file for divorce. That could be of great help to you in this situation. I do hope you get legal advice asap so you will know exactly the thing to do. Then you can begin to deal with this and may find it's not going to be nearly as bad as you think..I know the trapped feeling.. I sympathize with you..Again, Good luck, and God Bless.. Keep us posted..:-)