• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Separation with a son

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

Estrella

Guest
What is the name of your state? California

My husband and I were married in Spain in 2001. He is american and I´m spanish, we were living in Spain for almost 4 years. During that time we had a son he is 2+1/2 years old. We were having problems and it looked he was having adaptation problem, so we moved to the USA last november. During this year in California things are going worse and worse.

Some days ago, I talked with him and I proposed the separation but he menaced me with getting the custody of our son. But I´m the person who is taking care of him all day and besides he is all the time in internet. My son and I are doing every thing alone because my husband is not interested in anything else but internet. I don´t trust him to take care of our son. I agree he has rights to see him because is our son, but I don´t think he can take care of him.

I would like to know my rights and his rights and if I want to go back to Spain what I should do.

Thanks for your help
 


T

Terence Beckham

Member
Estrella said:
What is the name of your state? California

My husband and I were married in Spain in 2001. He is american and I´m spanish, we were living in Spain for almost 4 years. During that time we had a son he is 2+1/2 years old. We were having problems and it looked he was having adaptation problem, so we moved to the USA last november. During this year in California things are going worse and worse.

Some days ago, I talked with him and I proposed the separation but he menaced me with getting the custody of our son. But I´m the person who is taking care of him all day and besides he is all the time in internet. My son and I are doing every thing alone because my husband is not interested in anything else but internet. I don´t trust him to take care of our son. I agree he has rights to see him because is our son, but I don´t think he can take care of him.

I would like to know my rights and his rights and if I want to go back to Spain what I should do.

Thanks for your help
Click to expand...

Sit down with the Father and respect each other as parents...it is not fair to a child to be cut off from one of their parents in the way that you propose...you would be essentially amputating the father out of the childs life

And before you really think the relationship is over go seek help and counselling...whatever is wrong with your relationship with this man you will carry similar problems/issues into the next relationship.

Relationships are hard work ...do not run away from them -get realistic with your expectations - we do not ride off into the sunset!

If you have had a good relationship with this man in the past with good chemistry then it is possible that the relationship is salvagable.

Go think about it!
 
LdiJ

LdiJ

Senior Member
Estrella said:
What is the name of your state? California

My husband and I were married in Spain in 2001. He is american and I´m spanish, we were living in Spain for almost 4 years. During that time we had a son he is 2+1/2 years old. We were having problems and it looked he was having adaptation problem, so we moved to the USA last november. During this year in California things are going worse and worse.

Some days ago, I talked with him and I proposed the separation but he menaced me with getting the custody of our son. But I´m the person who is taking care of him all day and besides he is all the time in internet. My son and I are doing every thing alone because my husband is not interested in anything else but internet. I don´t trust him to take care of our son. I agree he has rights to see him because is our son, but I don´t think he can take care of him.

I would like to know my rights and his rights and if I want to go back to Spain what I should do.

Thanks for your help
Click to expand...
It would be in your best interest to consult with an attorney. Its possible that you may be able to return to Spain with your child since your child was born there and lived there longer than he has lived in the US. The child has also not lived in the US long enough to reach "state of habitual residence" status under the Hague Convention, which could be a factor also, however he also didn't live in Spain long enough for that either.

Therefore please consult an attorney. You really need one with some experience dealing with international divorce cases.
 
K

king sol

Member
When one of your parents is an American citizen and you are born in another country your child has dual citizenship.

The mother is free to return to Spain until there is an order preventing her to do so.

I suggest that you do what is in the best interest of the child. All children are entitled to a loving and continuous relationship with each parent. It would be really sad to see a child seperated a half a world apart from either parent.

I suggest, in the best interest of your child, you do everything, no matter how unpleasant it may seem, to work things out with your partner.
 
B

BelizeBreeze

Senior Member
king sol said:
When one of your parents is an American citizen and you are born in another country your child has dual citizenship.
Click to expand...
WRONG! The child is a citizen of two countries. It is a MAJOR distinction.
As a signatory to the European Community the child is placed on the Mother's passport until the age of 12 in most countries, 13 in others.
Once they reach that age, they are required by EU regulations to either apply for a host-country passport or one issued by the country of record, NOT both.

The United States does not recognize DUAL citizenship.
 
E

Estrella

Guest
State: California
Thank you so much for your comments. I´m not leaving yet, we are trying to work our relationship out. But I would like to know how everything would be in the worst case because we are talking about separation more and more often but I absolutly agree with you that should be the last solution.

I would like to clarify you that my son has dual citizenship. Or at least He has two passport the spanish one and the american one, and I have my green card.

Can anybody tell me anymore??

Thanks again
 
LdiJ

LdiJ

Senior Member
Estrella said:
State: California
Thank you so much for your comments. I´m not leaving yet, we are trying to work our relationship out. But I would like to know how everything would be in the worst case because we are talking about separation more and more often but I absolutly agree with you that should be the last solution.

I would like to clarify you that my son has dual citizenship. Or at least He has two passport the spanish one and the american one, and I have my green card.

Can anybody tell me anymore??

Thanks again
Click to expand...
You REALLY must get a consult with an attorney. Preferably an attorney who is familiar with the Hague Convention and it would also be wise to consult an attorney in Spain. Unfortunately your situation is not a simple one. Its actually quite complicated.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top