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I have a question regarding divorce. My marriage is slowly…

Hello , I have a question...
Hello ,
I have a question regarding divorce.
My marriage is slowly ending and will most probably end with divorce.
We have to children and they are most important for me.
The problem is that my wife want to take the kids out of US. She wants to goto Israel.
At this point I'd rather stay here.
Does she have rights to do so. Honestly it would be ideal if the children could live with me but at least we should be in the same country.
The situation looks like this:
I'm a Polish citizen and green card holder
My wife is a Polish citizen, green card holder and resident of Israel.
One daughter Polish and US citizen
Second daughter Polish citizen and green card holder.
Is there any thing I can do legally to prevent her from taking children out of the country.
Is there any thing I could do to increase my chances for full custody.
If I prove that our marriage is ending because of her affair (I have evidence), is it going to help me in any way.
Can I not give her children's passports to make it impossible to leave? Is that legal?
Also, i was wondering what are person to person regulations in Ct regarding recording. Do all parties have to give consent. Am I allowed to record. Once my wife said that her friend might beat me up.
Thank you.
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Answered in 15 hours by:
3/16/2018
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,053
Experience: Experienced Family Law Attorney
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this;

Either parent has the right to possession of the children provided that they don't do so in a manner that conceals the children from the other parent.

If there is a concern that a parent will remove the children from the country the parent can petition the court for emergency custody along with a travel restriction.

The court may order the parent that may move to provide the children's passports to the objecting parent.

That helps restrict travel as a replacement passport requires both parents' permission:

https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/prevention/prevention-tips.html

Please see:

https://travel.state.gov/content/travel/en/passports/apply-renew-passport/under-16.html

Connecticut is a 2 party state, meaning both participants to the conversation must provide consent in order for the recording to be legal.

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Customer reply replied 5 months ago
Could you be more specific. I mentioned that only one of my children is a citizens.Can I keep their passports and green card ? Is that legal?Does it makes any difference why the marriage is ending, whose fault it is.How about the fact she she threatened me.

thank you;

I apologize for the delay due to the weekend.

According to the UCCJEA - the federal child custody jurisdiction act- the US has child custody jurisdiction so long as the child has resided in the US for the past 6 months; the state where the child resides will determine which state has jurisdiction. This assumes there are no pending foreign court orders.

A party can make a request to be custodian of legal documents (ie passport, green cards) or they may be surrendered to the court as well, if the court is concerned that the parent may use them to remove the child from the country in violation of a court order.

No, the court does not concern itself with fault for child custody purposes; rather the court will look at the best interests of the child and there is a presumption that joint custody is in the best interests of the child absent information to the contrary.

Here is the judicial bench book the court actually uses to determine custody and the factors they may consider are listed on page 4.

While the state is a no fault divorce, the court may consider marital misconduct in the division of property and alimony, but misconduct (ie affairs) generally will not impact custody unless the misconduct affects the child (inappropriate behavior/supervision of the child for example).

As for threats, the court will usually address this by issuing a protective order upon request, so that the offender cannot communicate or come near the victim. It usually requires a showing that there has been a pattern of threats or a threat of imminent harm.

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Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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Customer reply replied 4 months ago
Thank you. It was helpful.

You are most welcome!
Kindly rate 5 stars if no further question to help me maintain my customer ranking-thanks!

LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 14,053
Experience: Experienced Family Law Attorney
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