I am a US permanent resident soon to be a citizen. My spouse is a Swedish citizen but does not live in the US. We have a 3 year old son who is an American citizen. I am considering divorce and would like to know the likelihood of getting sole custody. My spouse does not have any fixed address, fixed ties or pay taxes anywhere. I am concerned about his ability to provide a stable environment for our son, but would like him to have visitation rights. He has never been physically abusive. What are my chances?
Many times sole custody is a misnomer. In Texas, public policy encourages each parent who has shown the ability to act in the best interest of his/her child to have frequent and continuing contact. There is also a presumption that each parent be Joint Managing Conservator, meaning that each parent is allowed input into the decisions for the child. You should consult an attorney to get a full evaluation and proceed accordingly
if your husband does not live in the US, you must give him personal notice of the suit unless he waives citation by a written notice. Either way, it will require an apostille from a US consulate or embassy in Sweden or wherever he lives. If the child is in Texas, you can be granted primary conservatorship of the court and orders allowing visitation may be entered. Visitation can be tricky if the child were to leave the US for a visit with his dad and he goes to a "non-Hague Convention" country which could allow the dad to kidnap the child.
Talk to an experienced family law attorney about this.
I am not intending this to be legal advice, because I don't know the particulars of your situation.
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