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Lawmoe, Family Law Attorney
Category: Family Law
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Experience:  Family Law Lawyer for 19 years
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If a wife who is still a Chinese citizen decided to take her

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If a wife who is still a Chinese citizen decided to take her American citizen children to China and did not return to the U.S. with them, but decided to keep them in China, what rights does the father have and what could he do to get the children back? Assume that there is no divorce in this case. Then assume there is a divorce in this same case.
Submitted: 6 years ago.
Category: Family Law
Expert:  Lawmoe replied 6 years ago.

Generally, child support can be modified only retroactive to the date a motion or petition is filed. If there was no child support set, it is up to the court's discretion whether they will allow retroactive child support and, in most cases, it is limited to two years.


With regard to custody, such decisions are made based on what the court determines is in the child's best interests. the result often depends on how well the arguments are framed and made. That is why it is always wise to have counsel.



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