Hi I have been a permanent resident of the United States, in Florida, for about 3 years. I have been married to a US citizen for about 5 1/2 years. He is the father of my 2 children who were both born in the US during the marriage. My question is, in the event that we separate, do I have any custody rights as a non citizen. Could a court grant the father sole custody based on my immigration status? Any help would be greatly appreciated.
Answer
This is a Family Law issue, however, you are a legal permanent resident & should have the same custody rights as your spouse. You should consult with a Family Law attorney, licensed in Florida, though.
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