She is an asian who is a citizen at the state. And she dont know much about law but she is worried that if her her husband should died can she take her kids back with her?
2007-03-10 14:21:21 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Her husband is fine, that why she think so ahead, what happen to her kids if her husband should died of divorce her, can she have to costudy of their kids?
2007-03-10 14:38:37 · update #1
This is a big problem that still hasn't been properly addressed internationally yet. There was a case like that in Taiwan, and the Taiwan government eventually let the child go back to live with the child's American family. What I would suggest is for your friend to make sure that they have letters signed by lawyers saying who gets custody of the child in case of one of the parents dieing. The only other thing your friend could do is to make sure that her family fully supports her. The courts are usually more sympathetic to mothers, and if her family an show that they can take care of the child, the courts may give her custody. But as I said above, the best thing to do is to make sure that the parents make arrangements before anything happens. This way there will be no problem should anything happen; not just death, but also divorce.
2007-03-10 15:57:45 · answer #1 · answered by A dad & a teacher 5 · 0⤊ 0⤋
If one spouse dies, the surviving spouse has sole custody of the kids so she can take them anywhere she wants. But once you are outside of the US, don't count on US government help if she has no money.
On the other hand, if it is a divorce, one spouse CANNOT take the kids outside of the country without the written consent of the other spouse. Not even just to travel.
2007-03-10 15:15:31 · answer #2 · answered by Sir Richard 5 · 0⤊ 0⤋
thats is really a""DOUBT''how will he died if he is fine not unless if she will plot a ''Death mission''on him then she cannot take her kids w/ her because things will be more complicated if the relative of the American had a Doubt on her on first Place especially the Parents and the brother and the sisters of that Poor white guy''
2007-03-17 10:20:54 · answer #3 · answered by aguila_leon2 1 · 0⤊ 0⤋
She probably has to have the permission of the country she is returning to. They may want proof of death and birth cert's of the children first. Don't forget, if the kids were born here they are US Citizens
2007-03-10 14:38:02 · answer #4 · answered by Nort 6 · 0⤊ 0⤋
Of course. If he dies, she automatically has full custody of the children and there would be no one who could contest her taking the children out of the country (the only one who could contest it would be the other parent, so if he's dead...).
But, I think it’s pretty odd for her to be thinking about this, unless he’s terminally ill.
2007-03-10 14:35:14 · answer #5 · answered by kp 7 · 0⤊ 0⤋
If her husband dies then she will take custody of her kids and the kids will go whereever she goes as long as they are her kids.
2007-03-10 14:26:05 · answer #6 · answered by Mary O 6 · 1⤊ 0⤋
She can take her kids wherever she wants they are her kids!
2007-03-10 14:33:51 · answer #7 · answered by line writer 3 · 0⤊ 0⤋
Weird....Is she planning something or is the dude already dead?
2007-03-10 14:25:22 · answer #8 · answered by ? 2 · 0⤊ 0⤋
i would imagine so because where would they go?
2007-03-10 14:28:51 · answer #9 · answered by Melly. 3 · 0⤊ 0⤋
shouldn't be a problem
2007-03-10 14:28:02 · answer #10 · answered by ladybug 5 · 0⤊ 0⤋