What are my rights?

[Rebecca Jo 1,962]

It's state dependant but most states now award joint custody.

"States" don't usually award any kind of custody. Parents usually agree to the terms of custody as part of their parenting agreement.

Should the parents not be able to agree, custody is usually determined by what is in the best interest of the child. Few states immediately lean towards joint custody. Joint custody is a more "modern" legal concept and, depending on laws in a jurisdiction, a judge will rule against it in cases where parents cannot agree.

http://family.findlaw.com/child-custody/custody-forms/state-child-custody-laws.html

Anecdotally, most split families will find one parent with physical custody, with the other parent having visitation and both parents sharing decision making responsibility.

[xxxwabbiexxx 70]

My mum (I love her) is controlling and is only concerned about her welfare sadly. If anything tragic happened and it was my fiance's parents who got custody of our children I can tell you that they'd have a much more loving and healthy upbringing. Disloyal to say, but true!

You must do what is right by them not your mother - should the worst happen. And yes your mother would be sad at the time but eventually she'd come to realise she's being selfish and that you did the right thing. This is probably a conversation you need to have with her when it comes time to writing your will and be honest but gentle with her, its a delicate subject after all.

[Rebecca Jo 1,962]

His parents are older so that wouldn't be fair on the parents because it would add a lot of stress and the children because having older 'parent's' bring lots of restrictions and realistically they could be up rooted again in say 5 years time.

His sister is amazing, and if she weren't married to a hot head who looses his cool and the drop of a hat and who is selfish and gets upset at the age of 30 if were not doing what he wants to do or if he's not centre of attention, they she would get custody of any children we have no questions.

My sister has been with her husband 11 years and has a very very stable and secure life, plus we have had the same upbringing which we'll pass on to our children - both my sister and I want to pass a very similar upbringing to that of our own on to our children.

So yes hands down that would be more than a better option for the people who count most should the worst happen and thats the children!!!!

All I am saying is there is more to this than all the things you have stated above.

[xxxwabbiexxx 70]

All I am saying is there is more to this than all the things you have stated above.

Well I pray it will never come to this happening.

All I know is when I have children they will be ALL that matters to me, and children need love, stability and calm in their lives which mine will get in England. Your situation is probably different, I wouldn't judge what you see best for you children so please don't judge me on what I see best for any children I have.

[Rebecca Jo 1,962]

Well I pray it will never come to this happening.

All I know is when I have children they will be ALL that matters to me, and children need love, stability and calm in their lives which mine will get in England. Your situation is probably different, I wouldn't judge what you see best for you children so please don't judge me on what I see best for any children I have.

Not judging you at all.

I've already raised my son (although I can't get him to leave the house yet ). I'm the USC in our relationship; my husband is from Northern Ireland. My son was a teenager when I met Wes (my husband), and there was no possibility of Wes and I having any children together of our own. We chose to live in the US solely because of my son. It would have made about 100% more economic sense for me to have moved over there, but ....baby, bathwater you know how that goes.

I actually feel for young people in your situation, starting a family of your own with each of your family networks split. There are many hard decisions to make. My opinions are only those of an armchair quarterback; I've already raised my kid and so I've got a little bit of hindsight. Given that, in my opinion, where future children would have the most supportive network should be part of your decision on where an split nationality couple should live. I don't think that decision should be left for a tragedy.

Edited November 20, 2011 by Rebecca Jo

[VanessaTony 3,567]

Oh my, I never even thought about that!! We don't have kids yet but hell yes they'll be going to England to my sister, brother-in-law and mother if anything should ever happen to the both of us!!!

I didn't either lol. It was mum who mentioned it and I thought "sh*t. Heck yes i want my kids back home with my (relatively) normal loving family. Not his narcissist self-involved one!". So I'll be making sure my kids (if and when they're born ) have their passports organized (so some dolt doesn't think they're not eligible) and I always put my mum as a second "In case of emergency".

[VanessaTony 3,567]

...in my opinion, where future children would have the most supportive network should be part of your decision on where an split nationality couple should live. I don't think that decision should be left for a tragedy.

Completely agree but it's at this time in our lives where living in the US is the choice for us (definitely not because of a supportive network, just makes sense right now). The "supportive network" is indeed in Australia but I hope when the time comes that they'll have friends and our friends as a supportive network but while we're alive that network is just us. When we pass on then we'll want MY family values continuing to be instilled in our children. This is why it's important to me to get USC, then move to Aus to get Tony his Aus while we have kids. Whether that will eventuate, only time will tell.

In the event they only move back to Aus after our passing then that won't be a problem either because we'll be making sure that my family and our children are very well emotionally connected. Even with Tony's parents living down the street there's presently maybe 5% emotional connection to his family and I doubt that would change with kids in the mix.

Edited November 20, 2011 by Vanessa&Tony

[Rebecca Jo 1,962]

Completely agree but it's at this time in our lives where living in the US is the choice for us (definitely not because of a supportive network, just makes sense right now). The "supportive network" is indeed in Australia but I hope when the time comes that they'll have friends and our friends as a supportive network but while we're alive that network is just us. When we pass on then we'll want MY family values continuing to be instilled in our children. This is why it's important to me to get USC, then move to Aus to get Tony his Aus while we have kids. Whether that will eventuate, only time will tell.

In the event they only move back to Aus after our passing then that won't be a problem either because we'll be making sure that my family and our children are very well emotionally connected. Even with Tony's parents living down the street there's presently maybe 5% emotional connection to his family and I doubt that would change with kids in the mix.

Spoken exactly like someone who has never had children.

[Kang 22]

Once I'm married to my US fiance and we have children together in America, I have heard some alarming rumours about the lack of rights a non-citizen has. I know of a couple (wife English, husband American) who were having major problems with their marriage, but the wife wouldn't cut the chord with him because if she did, he would have custody of the children. Also whenever she tries to take the children out of the USA and he's not present, he has to write a letter allowing her to take them out.

My mother is now saying that she'll never speak to me again if I don't give birth to my children in the UK! So I think I'm definitely going to have them in the States

This story makes me wonder at what rights a non-American citizen has when they're living permanently in America, not just concerning children but everything. Are we non citizens protected?

Where can I find this kind of information out?

Thanks!

Pretty much you have the same rights as a citizen accept you cant vote, cant run from office and deportable if you commit serious offenses. Maybe, those "rumors" are pertaining to illegals rather than permanent residents. Personally, I find permanent residents in the US having more rights than in any place in the world where at the whim of the immigration officers they can deport you. In the US even illegals with crimes can go through due process.

Edited November 20, 2011 by Kang

[b & q 35]

We have the same rights as a citizen except we can't vote.

Not true at all. You are not afforded the same rights as guaranteed to all American citizens by the Constitution of the United States of America. When you become a citizen, then you will have those rights. Until then, you do NOT have the right to own property, peaceful assembly, or any of the others ones listed in the Constitution or declared by law.

[jkb11 26]

Not true at all. You are not afforded the same rights as guaranteed to all American citizens by the Constitution of the United States of America. When you become a citizen, then you will have those rights. Until then, you do NOT have the right to own property, peaceful assembly, or any of the others ones listed in the Constitution or declared by law.

LPRs can't own property in the US?

[KayDeeCee 4,893]

Not true at all. You are not afforded the same rights as guaranteed to all American citizens by the Constitution of the United States of America. When you become a citizen, then you will have those rights. Until then, you do NOT have the right to own property, peaceful assembly, or any of the others ones listed in the Constitution or declared by law.

This is very much wrong. Completely FALSE.

As a permanent resident, you have the right to:

* Live and work permanently anywhere in the U.S.

* Apply to become a U.S. citizen once you are eligible.

* Request a visa for your husband or wife and unmarried children to live in the U.S.

* Get Social Security, Supplemental Security Income, and Medicare benefits, if you are eligible.

* Own property in the U.S.

* Apply for a driver's license in your state or territory.

* Leave and return to the U.S. under certain conditions.

* Attend public school and college.

* Join certain branches of the U.S. Armed Forces.

* Purchase or own a firearm, as long as there are no state or local restrictions saying you can't.

http://immigration.findlaw.com/immigration/immigration-more-topics/permanent-resident-rights.html

http://www.***removed***/greencard/retain-greencard.html

Edited November 21, 2011 by Jay-Kay

[Inky 1,110]

Not true at all. You are not afforded the same rights as guaranteed to all American citizens by the Constitution of the United States of America. When you become a citizen, then you will have those rights. Until then, you do NOT have the right to own property, peaceful assembly, or any of the others ones listed in the Constitution or declared by law.

WOW ! hilarity I own property and am a green card holder. Hmmm Looks as though you need to do research

Green card holders do have the rights that US citizens do, as the person above me posted links and such!

[b & q 35]

WOW ! hilarity I own property and am a green card holder. Hmmm Looks as though you need to do research

Green card holders do have the rights that US citizens do, as the person above me posted links and such!

Those are not rights but privileges... you are getting the two terms confused.

[I AM NOT THAT GUY 5,715]

Those are not rights but privileges... you are getting the two terms confused.

Care to explain how and why you came to that conclusion?