I am an American Citizen with Children of both Mexican and American Citizens. How can I obtain custody should we divorce?

Asked almost 4 years ago - Atlanta, GA

I am an American Citizen who was married and been residing in Monterrey, Mexico for close to 8 years. I just received a job offer in Atlanta and my wife would like for me to take the children to Atlanta with me while I work on her paperwork so that she may either reside with us or travel back and forth to visit. My concern is that I am fairly confident she has been having an affair for the past 8 months or so and we have been having marital problems for about the same time frame. She is mentally unstable and never around anymore and does not care for the children, that is the reason why she would like for me to take them with me. Any assistance is greatly appreciated how or if I could keep the children with me and provide her visitation or bring the children to Mexico to see her.

Attorney answers (1)

  1. Melanie Ann Brubaker

    Contributor Level 12

    Answered . First, an attorney will not advise you to get a divorce. The divorce decision must be yours and perhaps you should seek guidance from a therapist, marriage counselor or your religious leader such as a pastor, priest, rabbi, etc. You are at a critical crossroad in your life and reaching out for guidance and advice is wise. I also recommend that you consult with an attorney about your rights, custody, property division, etc. as all of these matters will need to be considered if you decide to pursue a divorce or legal separation. You should also be made aware of the legal process. I am a family law/divorce attorney and I can provide you with a free legal consultation to discuss your options in a more private and confidential environment vs. the public domain of an internet website. Thank-you, Melanie Brubaker

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