Filing for a divorce

[Otto 83]

What do you mean if she is unfit? Is it mean financial or physical unfit for a custody?

Unfit Parent Law & Legal Definition

The definition of an unfit parent is governed by state laws, which vary by state. A parent may be deemed unfit if they have been abusive, neglected, or failed to provide proper care for the child. A parent with a mental disturbance or addiction to drugs or alcohol may also be found to be an unfit parent. Failure to visit, provide support, or incarceration are other examples of grounds for being found unfit.

For example, one state declares the power of the juvenile court to terminate the rights of a natural parent (a) who was "unfit or incompetent by reason of conduct or condition seriously detrimental to the child," (B) who "abandoned the child," or © who "substantially and continuously or repeatedly refused or failed to give the child proper parental care and protection."

Some state laws provide for a fitness hearing to be held after an adjudication of neglect, dependency or abuse. In such cases, the law may specify a time period after such an adjudication in which the parent may make efforts to resolve the problem, such as seeking drug or alcohol treatment. A parent's failure to make reasonable efforts and progress within the specifed time frame is a ground of unfitness. Local laws should be consulted for specific requirements in your area.

The court will often award sole custody to the other parent when one parent is deemed unfit, or if both parents are deemed unfit, the child may be placed in foster care. Evidence of parental unfitness toward one child may be grounds for terminating the parental rights to other children even though the parent never abused or neglected those children. The best interest of the child is the determining factor.

In determining the child's best interest, one court has stated that it shall consider, but is not limited to, the following circumstances

http://definitions.uslegal.com/u/unfit-parent/

[Jesti 0]

Yes it could

Yes, that could happen

Yes it is still valid

You should consult a divorce lawyer to determine your options. This has nothing to do with immigration and a divorce will not effect her status.

Thanks for the answers. One more question. Can she apply for a US Citizen after a divorce?

Yes, she can apply for citizen.

[jsnearline 2]

A divorce would impact both of you. She would have to wait two additional years to file for citizenship if you separate and get divorced. You would still be obligated to provide support under the Affidavit of Support you filed on her behalf. A divorce would not relieve you from that obligation.

[Marcela&Marc 1]

It is highly unlikely that you can prove that your wife is unfit. Usually the only 2 items that will qualify are drug use and convicted child abuse. The divorce courts are overloaded with some very horrific things and the judges become very immune to these types of claims. Basically the victor will be the parent who first gets primary care from the first temporary hearing. When the custody battle is over the courts usual view is if it isn't broke don’t fix it. If you fight for custody be prepared for crazy legal fees. I spent 76,000 dollars on mine and won. You should NEVER be the one who leaves the house and if you do take the child with you. If you are the one who works and she is at home you are going to have an almost impossible battle. At a minimum you are going to have to have the ability to be at home with the child an equal amount of time as she would. The person who earns more money has little to do with it and claiming that you earn more could cause you to pay more. If you are a business man who travels a lot then if having the child with you is going to take some life changing events to make it possible. I am a airline pilot and very familiar with this. Also you must have it in your heart that you will be a better parent and not only doing it to avoid paying child support. Many fathers are not up for the task of being full time daddy's. I can tell you the support for men is slim to none and you will fight uphill battles from schools to doctors. The perception of a man having primary care is one that society doesn't have much faith in. If you truly believe that you will be the better parent then it is worth it at all costs. Good luck and PM me if you want to know more.

[obbynox 0]

This is a terrible story, all the effort in bringing a loved one over, getting married and having a child, it's a lot! Is it really that bad? maybe marriage counsilling would be an option? putting any child through this kind of thing can be detremental to them, divorce should be a last resort. Whatever you decide, try and put the childs needs ahead of your own, maybe he WANTS to be with both of you so going for full custody could cause more harm than good!

I wish you the best!

[Cuchita 1]

Yeap you cannot just think of divorce because "you don't get along anymore", you both have to think of how much money, time, suffering etc you went thru to be together. And the only one hurt will be the kid.

I am totally against divorce, because I have seen how kids lives change, for bad of couse.

I don't understand why people these days find it easy to just divorce. Marriage is supposed to be forever.

[Anh map 2,098]

Make an appointment with a divorce lawyer (or mediator) to learn what is involved in the process specific to your state and situation.

[Jasman0717 9]

With children involved the best advise is to seek legal guidance. Family law varies from state to state but the courts tend to lean towards the Mother if she is determined fit.

[NickD 203]

Can only wonder with the OP if anything better came along and if from a foreign country would make the USCIS very suspicious of fraud. Wife and I went through a lot to bring her here, for me, she's the best and will always be that way. Certainly was a test period to learn if we could still stay together with countless obstacles to overcome. We both hung in there. Still have problems, super high tuition cost for her daughter, her car breaks down, and trying to get her son over here that is only a nine year process. But we are hanging in there and can calmly talk things over. We both had bad marriages and kids with emotional problems as the cause of that, taking awhile for my step daughter to accept me as a step dad, so much easier with a natural born child. But takes lots of patience and understanding.

Many of us here lived under threats by the USCIS that we may lose our mates, getting that ten year card was a major milestone in our lives, and USC ended that forever.

Takes a long time to learn a person, make a commitment to each other, where during that process, that relationship goes sour. So much easier to marry a person here, no USCIS involved with your life. Also a hell of a lot easier to get married than to get a divorce. Can only ask, is the grass really greener on the other side of the fence? What about the feelings of this guys wife? She had to part with her family, culture, and country to come here.

[SuperDuper! 230]

A divorce would impact both of you. She would have to wait two additional years to file for citizenship if you separate and get divorced. You would still be obligated to provide support under the Affidavit of Support you filed on her behalf. A divorce would not relieve you from that obligation.

In a divorce settlement, wouldn't this just be rolled into monthly payments of "Spousal Support"?

ps,

This is why I would never marry overseas and do a CR/1: With a K1, at least you have a 90 day adjustment period before getting married, and not immediately bound under a legal relationship if it proves she is not adjusting to the new country/relationship.

OP, I feel your pain, and really hope things work out for you somehow. Just take a few steps back, take some deep breaths and reevaluate your situation and get a new perspective. Good luck

[obbynox 0]

A divorce would impact both of you. She would have to wait two additional years to file for citizenship if you separate and get divorced. You would still be obligated to provide support under the Affidavit of Support you filed on her behalf. A divorce would not relieve you from that obligation.

In a divorce settlement, wouldn't this just be rolled into monthly payments of "Spousal Support"?

ps,

This is why I would never marry overseas and do a CR/1: With a K1, at least you have a 90 day adjustment period before getting married, and not immediately bound under a legal relationship if it proves she is not adjusting to the new country/relationship.

OP, I feel your pain, and really hope things work out for you somehow. Just take a few steps back, take some deep breaths and reevaluate your situation and get a new perspective. Good luck

Excellent advice! though if you think 90 days is long enough to 'adjust' to a new country..oh dear! believe me, it's not.