Home > Research Legal Advice > Child Custody > L1 wants divorce. Child born in USA and has German and US-Passport (2 ye...
Asked almost 4 years ago - Detroit, MI
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Hello, I'm experiencing a very tough time in my marriage and I need some answers. My Case:
I'm on L1 Visa, my wife L2 (both German citizen). Our green Card (company sponsored) is in process (Step 1-since 6 months). We have a son 2 years old with US and German Passport. We live in USA since 2005.
I want separation/divorce but she doesn't want. She is threatening to return to Germany with my child immediately. I want 50-50% child custody. She wants 100%.
Q1: Would she get 100% child custody?
Q2: Would she lose her status and must return to Germany with my child?
Q3: Could you recommend a divorce lawyer with immigration expertise in Detroit, MI area?
Q4: I have to say I was unfaithful and she knows about it. Will this have an impact to the child custody?
thank you very much
I practice family law exclusively and my partner practices immigration exclusively. Between the two of us, we should be able to give you an idea of the process. No attorney can ever predict the outcome of a case, but it is unlikely that she would get 100% custody unless you are a danger to the child. Infidelity does not automatically impact custody - the more important issue is the love, care and stability a parent provides to his or her child.
1. I don't know, you need to consult a domestic relations attorney in your area.
2. If you divorce, she loses her L-2 status, yes.
3. I don't know one specifically, but there are excellent immigration lawyers there. I would suggest Reginald Pacis as a good one.
4. I don't know, again you will need to consult with a domestic relations attorney.
Best of luck,
Charles
Charles H. Kuck
Managing Partner
Kuck Immigration Partners LLC--The Immigration Law Firm
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