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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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Will I lose my son to my Muslim husband after divorce?

Customer Question

I am in need of help. I married a Egyptian Muslim man 12 years ago we now have a infant son. We married in Egypt my husband has been living in the U.S. with me since 2007. What are my right concerning our son? I am a non Muslim. Will I lose my baby to him never to see him again? It seems he has been looking for women on other sources like internet he said he was tired of me and I was useless.
Submitted: 2 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 2 years ago.
The fact that you are a non-muslim (or a muslim) makes no difference in Virginia courts as they do not recognize Sharia law as valid law. Therefore if you file for divorce in Virginia, it will be based on local law, and not on the laws of your spouse or where you were married--they have jurisdiction, nobody else. Under US law both of you have co-equal rights to the child, and you as a mother can seek sole or primary custody via the courts. You won't (or rather shouldn't) lose your child or the right to see him, just fight to make sure that the child cannot be removed and taken overseas as then you may well have a hard time having Egypt honoring a US based custodial agreement.

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