I am a US citizen. My husband had a green card before we got married, but he got into trouble after we were married and our only child was 2 months old. He was subsequently deported when my child was 20 months old to his home country. He actually didn’t grow up there but in a neighboring country where his mom remarried and got citizenship, giving him permanent residency which he didn’t renew when he moved to America. I left my country the same month he was deported to meet him in his non-native country because we believed we could gain residency there as their laws are pretty flexible for expats. Unfortunately, the paperwork never worked out, likely due to his issues in the states, so we’ve just been paying our way if we go over the 4-month window of visa-free access. We’ve lived here for 3 years, have our own leases, with our son who isn’t technically a resident. I’m proposing a divorce and moving back to the US where my son and I have citizenship. Would I be violating habitual residency for him? Neither parent can claim this country as their lawful residence.
Go back to the US. Residency takes 6 months to establish. Enroll your child in school, set them up with doctors, and everything that shows you intend to live here permanently. Then file for divorce and the necessary child custody. Hire an attorney.
This is completely unsolicited advice. I don’t know the reasons behind why you want a divorce. Just a fair assumption that the other parent may not react well to the divorce and the child moving to another country. It could become dangerous after these things are mentioned.
@Darwin
That’s definitely a concern. I want to ensure my safety and my child’s.
You’d be better off going to the US with your son and establishing residency before filing for divorce.
Make sure to document everything. Establishing residency might help you in the long run, especially if any legal disputes arise.
If you believe the situation could become volatile, consider discussing your plans with a trusted friend or attorney first before making any announcements.
Oakley said:
If you believe the situation could become volatile, consider discussing your plans with a trusted friend or attorney first before making any announcements.
That sounds like a good idea. I’ll definitely take precautions.