Q: Married to my wife of 3.5 years. She moved to the US from England (where she was born and is a citizen) to live with me. I moved to NY from FL, where we were married to accommodate her desire to live here. She has been here since July 2017 while her immigration (AOS) has been in progress. We had a son in late December 2019 and he was born in NY. From the time she became pregnant to now she has been increasingly threatening towards me regarding divorce. She keeps telling me that she wants to be back in England and claiming that I am holding her and our son hostage in the US, while I work and take care of them both. Her behavior has become increasingly unstable and erratic over the past year. She is currently in England with our son who I had to take to the main passport office in NY to get an emergency travel passport so that they could be there for her fathers funeral. I am worried that she is going to remain in England with our son and that things are going to become worse for him and myself in this situation. I am looking to speak to a lawyer to discuss our best options.
A: Ok – looks like your better option is to beat her to the punch & file for divorce yourself. You don’t want the situation to persist that she remains in England with the child, as if they’re there for more than 6 months, then NY will arguably lose jurisdiction over the custody issue (& thus you may need to pursue the issue in England). Schedule a consult with a Westchester Child Custody attorney for a full assessment.