international child custody / divorce

[mrblue]

TENNESSEE:
i met my wife online, im 25 and in a wheelchair with muscular dystrophy, since moving here ive ended up on a vent, diabetic and have an ng tube put in my stomach. im from the u.k. so not yet a citizen here. we have been married for 6yrs with 2 boys ( one is from her prevous marrage), and im TOTALLY dependant on her for everything but now she hates me and wants me gone asap.

i have no family here so my only choice is to go back to the uk.

what are my chances of getting custody of our 5yr old? i do not work or get any money and neither does she except for child support from her ex husband and food stamps.What is the name of your state (only U.S. law)?

 

[Proserpina]

TENNESSEE:
i met my wife online, im 25 and in a wheelchair with muscular dystrophy, since moving here ive ended up on a vent, diabetic and have an ng tube put in my stomach. im from the u.k. so not yet a citizen here. we have been married for 6yrs with 2 boys ( one is from her prevous marrage), and im TOTALLY dependant on her for everything but now she hates me and wants me gone asap.

i have no family here so my only choice is to go back to the uk.

what are my chances of getting custody of our 5yr old? i do not work or get any money and neither does she except for child support from her ex husband and food stamps.What is the name of your state (only U.S. law)?

What is your actual immigrant status?

Are you a permanent resident? If so, was your residency obtained via your wife sponsoring you?

 

[mrblue]

yes im a permenant resident and yes she ssponsored me

 

[LdiJ]

TENNESSEE:
i met my wife online, im 25 and in a wheelchair with muscular dystrophy, since moving here ive ended up on a vent, diabetic and have an ng tube put in my stomach. im from the u.k. so not yet a citizen here. we have been married for 6yrs with 2 boys ( one is from her prevous marrage), and im TOTALLY dependant on her for everything but now she hates me and wants me gone asap.

i have no family here so my only choice is to go back to the uk.

what are my chances of getting custody of our 5yr old? i do not work or get any money and neither does she except for child support from her ex husband and food stamps.What is the name of your state (only U.S. law)?

I am truly sorry, but you chances of being able to gain primary custody of your 5 year old AND move your child to the UK are slim to none.

 

[mistoffolees]

I am truly sorry, but you chances of being able to gain primary custody of your 5 year old AND move your child to the UK are slim to none.

Even without the part about moving to the UK, it's not likely.

He admits that he's totally dependent on his wife. How is he going to take care of himself AND a 5 year old? Unless mother is horribly unfit, joint custody is the BEST you can hope for - and even then, mother is likely to be primary physical.

On top of that, the 5 year old has a sibling who is from her previous marriage. That's one more reason for the child to stay with Mom.

 

[Proserpina]

yes im a permenant resident and yes she ssponsored me

If you want to return to the UK, you are absolutely free to do that - but as LdiJ stated there is virtually no chance of you being allowed to take your child with you permanently.

If, however, you wish to stay and live in the US, there are one or two very important things to consider but before we go down that path it'd help to know what you actually want to do.

 

[Proserpina]

Even without the part about moving to the UK, it's not likely.

He admits that he's totally dependent on his wife. How is he going to take care of himself AND a 5 year old?

On top of that, the 5 year old has a sibling who is from her previous marriage. That's one more reason for the child to stay with Mom.

I think you and LdiJ both know where I'm going with this....

...but that might not actually be OP's problem so much as his wife's problem (at least in terms of who would be supporting who).

 

[mistoffolees]

I think you and LdiJ both know where I'm going with this....

...but that might not actually be OP's problem so much as his wife's problem (at least in terms of who would be supporting who).

Could be.

However, I read the 'totally dependent' as being more than just financially dependent. Maybe I'm reading something into it, but it sounded like more than that - and with a vent, diabetes, and gastric tube, it very well could be a lot more than financial dependence.

 

[TinkerBelleLuvr]

could the OP be in a position to be capable of taking care of said five year old without outside help?

 

[Proserpina]

Could be.

However, I read the 'totally dependent' as being more than just financially dependent. Maybe I'm reading something into it, but it sounded like more than that - and with a vent, diabetes, and gastric tube, it very well could be a lot more than financial dependence.

Oh I think that's more than likely, yes - the point I was making was with regards to that whole pesky I-864 Affidavit Of Support which she appears to have signed.

(then again diabetes a vent and tube don't necessarily mean complete dependence upon another person)

If his wife's intent was to basically wash her hands of the issue and "force" OP to return to the UK she may find herself terribly, terribly disappointed. And on a rather long-lasting and expensive hook..

 

[Proserpina]

Actually that leads me to a question.

OP, you mentioned your wife is now using food-stamps; what has changed in her financial situation since she sponsored you?

 

[mrblue]

im dependant on her for feeding me, turning me etc, if i got custody we'd be moving into my fathers house.

wat is op btw?

 

[Proserpina]

im dependant on her for feeding me, turning me etc, if i got custody we'd be moving into my fathers house.

wat is op btw?

OP - original poster (ie, you).

OK, here's the very simple answer: You cannot care for a child without substantial assistance which, at the moment, you do not have. You will not get custody in this situation.

How would you be able to prove that you are able?

 

[mistoffolees]

im dependant on her for feeding me, turning me etc, if i got custody we'd be moving into my fathers house.

Forget custody, then. If you can't feed yourself, there's absolutely no way you're going to be able to take care of a 5 year old. And, as you've been told, there's virtually no chance that you'll be allowed to take the child out of the country.

Sorry.

 

[mrblue]

i am re-learning to swallow my food without it going into my lungs. she had quit her job as i got sicker, hence the vent.

wat is my visitaton going tobe more than likely?