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Dual nationality- Child born in US ...mom wants to return to home country

This is a discussion on Dual nationality- Child born in US ...mom wants to return to home country within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am a native citizen from Albania. I have been married to my husband who is also an Albanian native ...

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Old Nov 11th, 2010, 03:55 PM   #1
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Confused Dual nationality- Child born in US ...mom wants to return to home country

I am a native citizen from Albania. I have been married to my husband who is also an Albanian native for 17 years. We were married in Albania and have 2 children who are 16 and 8 years old. We immigrated to the States 11 years ago. My oldest one was born in Albania but the younger one was born in the States. We are all US Citizens. I am about to file for divorce and I would like to return to my home country where i can have a better job since I alreday have an education from there and take my younger boy with me. I want my child to have contact with his father and I am very open and flexible as far as visitations during school summer break or daily communication via internet sites.The child has lived in Albania for 2 years and visited also, visits which lasted 2-3 months. But still I am worried that He will not agree for me to take him with me eventhough the child is very closed to me.

I consulted a local attorney but I was not convinced from the advice he gave me regarding the custody issue. Apparently he was not exposed to these particular type of cases.I want to know my rights and my options concerning the custody of my child following the divorce. My questions are:

1. Since my husband most likely will not agree for me to take the child with me will it benefit me better to move to Albania first and then file for divorce in Albania since the marriage took place there and I have jurisdiction ?
2. Will I have any legal consequences for doing so? (such as kidnapping or abducting?) If yes how what are the steps that I can prevent them
3. If I file for divorce here in the States what are the chances of the judge granting me the right to move out of the country and take the child with me.
4. I was told by the local attorney that if I file for divorce here in the states and once the divorce is final the children become the ward of the state and if I decide to move back out of the country and if the judge conclude that my husband can not provide a stable environment to my children than the state can take them and place them in foster home. Is this true??
5. Can the state force me to live in this country in order for me to stay with my child?

I greatly appreciate any feedback

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Old Nov 11th, 2010, 11:32 PM   #2
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Default Re: Dual nationality- Child born in US ...mom wants to return to home country

I wish to inform you that as presently you are in USA therefore you may not go with child to your home country without permission of father. In this regard if you take child with you then you may be liable under parental kidnapping. The court considers the best interest of child as main consideration. In this regard, court may allow you if you are able to show that best interest of child is met in by staying with you in your home country Albania and in USA your child's interests may not be met. Further, the child may be brought back to USA under Hague Convention if your child is taken to your home country under parental kidnapping. The restriction is regarding child from leaving USA and therefore although you may individually go back to your home country but you may not take the child without the court's permission or the father's permission overseas with you.

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Old Nov 12th, 2010, 10:24 AM   #3
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Default Re: Dual nationality- Child born in US ...mom wants to return to home country

Well, technically, It would not be considered kiddnappipng since I am still married and there aren't any court orders in place. Second, we were not married in US and we still have albanian citizenship. What legal standings won't allow me to go back to my country which is also his country as well, and decide that I want to proceed with the divorce process there?
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Old Nov 12th, 2010, 11:46 PM   #4
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Default Re: Dual nationality- Child born in US ...mom wants to return to home country

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Originally Posted by albmom View Post
Well, technically, It would not be considered kiddnappipng since I am still married and there aren't any court orders in place. Second, we were not married in US and we still have albanian citizenship. What legal standings won't allow me to go back to my country which is also his country as well, and decide that I want to proceed with the divorce process there?

You are all US citizens and have resided in the US for the last 11 years hence the US has jurisdiction over custody matters. Your dual citizenship isn't recognized (for the purposes of custody and family law).

Frankly if Dad wishes to remain in the US, the chances of you being allowed to take the child - legally - back to Albania to live are slim. This also means that you cannot legally - unless you have SOLE LEGAL custody of the children - take them out of the country without Dad's consent.

You absolutely NEED an attorney, and one who specializes or at least is familiar with international custody matters.
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