Facing separation while wife threatens to take both kids out of the country

[sule4]

What is the name of your state (only U.S. law)? Florida

I'm facing a separation and potentially - a divorce. My wife is Brazilian with permanent residence (green card) in the USA. Our 7yr old son is also Brazilian and USA permanent resident. Our 1yr daughter has dual citizenship (USA and Brazilian).
My wife is threatening to leave the country with both kids in case of the (inevitable) separation. How can I prevent that (kids moving out of the state/country) from happening?

Thank you!

 

[wavehopper27]

File for custody.

 

[sule4]

File for custody.

How would that help? Prevent her to take kids until the custody 'battle' is over and decision made?
What if she takes them anyway (Just buys tickets and fly away)?
Is there any legal way to have some court/social services order issued that kids can't be taken more than X miles away from zip code XYZ...?

 

[xylene]

You need a lawyer right away. You need to get a custody order that will address those concerns. You need to document the times where she has threatened to permanently remove the children from the US.

 

[sule4]

You need a lawyer right away. You need to get a custody order that will address those concerns. You need to document the times where she has threatened to permanently remove the children from the US.

Thanks for the answer...
Is hiring the lawyer the only way to file the custody order, or can a person file that by her/him self?

 

[Proserpina]

How would that help? Prevent her to take kids until the custody 'battle' is over and decision made?
What if she takes them anyway (Just buys tickets and fly away)?

.....

Is there any legal way to have some court/social services order issued that kids can't be taken more than X miles away from zip code XYZ...?

What do you think a piece of paper is going to do if she intends to just "fly away"?

Seriously - file for custody.

 

[not2cleverRed]

Thanks for the answer...
Is hiring the lawyer the only way to file the custody order, or can a person file that by her/him self?

Let's be blunt: you're here, clueless about custody, or how to file. Yes, you could file it yourself, but in your case you'd do better with a lawyer.

Where are their passports?

 

[sule4]

Let's be blunt: you're here, clueless about custody, or how to file. Yes, you could file it yourself, but in your case you'd do better with a lawyer.

Where are their passports?

Correct both of your posts...i have no clue how to file for it (I'll figure it out though) and even if I do - what prevents her for taking kids out while I'm at work?
Passports are still at home in our document cabinet. I can take them with me while leaving the home...not sure on what grounds would she get them legally back.

Does filing for the custody regulates who has kids AFTER the divorce OR something that can be put in place before divorce?

 

[Silverplum]

Correct both of your posts...i have no clue how to file for it (I'll figure it out though) and even if I do - what prevents her for taking kids out while I'm at work?
Passports are still at home in our document cabinet. I can take them with me while leaving the home...not sure on what grounds would she get them legally back.

Does filing for the custody regulates who has kids AFTER the divorce OR something that can be put in place before divorce?

You need an attorney. Period. We cannot and will not walk you through all of the steps to get from A to Z.

And please don't start any new threads. We like all of the information in one thread. Thanks.