I want to divorce my illegal immigrant husband and move to another state with our daughters. Can he stop me? 4 Answers as of February 06, 2013

I want to receive sole custody of our daughters and move to another state. Can my illegal immigrant husband stop me from moving to another state? What are my rights and what are his?

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The Law Offices of Seth D. Schraier
The Law Offices of Seth D. Schraier | Seth D. Schraier
His immigration status has only a very small relation to your custody and relocation case. This is because he is still the biological father of your children. Your right to relocate with the children will largely depend on what kind of visitation rights he obtains or seeks in regards to the children. For example, if he is given visitation every other weekend, and you relocate to a location that makes it impossible for him to continue that schedule, then he can try and prevent you from moving unless you can show that it is necessary and in the best interests of the children for you to relocate.
Answer Applies to: New York
Replied: 2/6/2013
Raff & Raff, LLP
Raff & Raff, LLP | Daniel Levy
Just because he is an illegal immigrant does not mean that he has no parental rights. Generally, you cannot move the child to another state without consent from both parents, but a court may allow you to do it anyway if you make an application and can show that it is in the best interests of the child to move elsewhere.
Answer Applies to: New Jersey
Replied: 2/4/2013
Kalil & Eisenhut, LLC | Michael N. Kalil
The immigration status of your husband is irrelevant to the divorce. Just because he may be an illegal immigrant I do not deem as relevant to whether or not you will be able to move with your daughter to another state. A relocation case starts from the premise that the custodial parents relocation will substantially interfere with the noncustodial parents ability to have regular contact with the child. If your husband were to be deported, I would venture to say that a relocation by you would not be difficult. However, if your Husband was not to be deported, then your relocation case effectively becomes a balancing test between the reasons for your relocation, and the contact that dad has with his child. If the noncustodial parent is actively involved with the child, the custodial parent is going to need a better reason to leave. If the noncustodial parent is not involved with the child, then the custodial parents reason for leaving becomes less important.
Answer Applies to: New York
Replied: 2/4/2013
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