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Taking minor to England w/o divorce

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Junior Member
What is the name of your state? CA

My brother and sister in law have been married around 22 years. She is from England, and up until 2 years ago had a valid "green card", and has been gainfully employed for the entire time she's been here. My brother began his business venture late 2003 and it has tanked miserably, but he will not get a "real" job. This has already cost them their house, they've had a car repossessed, they get food from church, recently went one week without electricity and basically have lived off the kindness of friends and family to feed them. This has taken it's toll on my sister in law, and the majority of the family is angry at my brother. She works, but her income is not enough to support the family.

Her British passport is expired, and her green card has as well. No one has contacted her regarding this issue, so I'm not sure if she's up for deportation. She would like to return to England WITH her 11 year old son (the others are over 18), however my brother will more than likely put up a fight. What are her rights regarding taking her son with her, since my brother will be incapable of taking care of him (erratic hours...obviously no money to feed/clothe him). She does not wish to "take" her son away from his dad, but she is desperate and her family can help her in England. My brother's business has failed and no amount of advice, money or assitance from the family makes any difference to him - his words about success are just that now - words. My sister in law just wants a better situation for herself and her son until my brother gets his feet off the ground. The rest of us have full homes otherwise we'd help her out. Her family in England has more than enough room there.

Thank you in advance for any help.

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