Would like to go back to US with Us born kids who are Us citizens.
There's nothing preventing you from moving back to the US but whether you can take your children with you depends on where you got divorced (US or Italy), what your divorce decree says and may involve international law. You should consult with an attorney in Italy and possibly with a divorce attorney in the US if you finalized your divorce here.
You need to see an attorney in Italy to ask this question.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
If the children are currently in Italy with both mother and father, no one should remove them without going through the proper procedure. If you have been living there, and not just visiting there, then Italy will most likely have jurisdiction over the children's issues. If someone leaves with the children to the US, then there may be a Hague issue to determine which country will ultimately decide the children's issues.
This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.
Under Florida family law, if the father consents to the relocation it is possible to relocate with your children. The laws, however, may be different in Italy so you should be sure to comply with Italian law regarding this situation. It is in your best interest to speak with a family law attorney in Italy to understand your rights. If you are able to relocate to the US you should also speak with a family law attorney upon your arrival to make sure any and all Italian orders are domesticated.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline