If I’m a US cirizenand want to move back to the States, will I lose custody if I try to split up with my fiance since my son was born European and has a British passport?

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If I’m a US cirizenand want to move back to the States, will I lose custody if I try to split up with my fiance since my son was born European and has a British passport?

I’m American and I moved to Spain with my British fiance when I was pregnant. We now have a 7 month old son. We aren’t working out, he lost his business for the most part and our relationship is very rocky with much emotional abuse. I would like to move with my son back to the States as getting residency here is taking far too long and I cannot get a job until it’s established. I have family to stay with in the US until I get a job and a place of my own. How would this work? I really want to leave but won’t even attempt to if it means losing my baby.

Asked on April 19, 2013 under Immigration Law, Alabama

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

If your son has a US passport, you will still need his father's approval to leave his birth country. You should check with the US Embassy near the city that you live. Here is a list: http://travel.state.gov/visa/embassy/embassy_4825.html

 


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