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I need legal advice about international custody!!! Please help!!
self | Rutabega

Posted on 01/14/2002 9:42:31 AM PST by Rutabega

I am posting my first article (long time lurker) to ask for some help!

I am a US citizen who is married to a Swedish citizen. We met and married in the US but he got transferred back to Sweden and we moved here a year ago. We are myself, husband, son from previous marriage (I have full custody) and daughter from this marriage. I have been having serious marriage difficulties and have finally resigned myself that a divorce is in the best intrest of all of us (he is especially unkind to my son, a four year old).

I have been counseled by a lawyer in Sweden that if I try to get full custody, I will probably not win, as the rule here is 50-50. He advises me to file in the US and try for full custody. However, there are some rules about kidnapping (yikes!!! awful word, and something I DO NOT WANT TO DO!!!!) and I may lose custody of my daughter and face jail time!

I DO NOT want to exclude her father from my daughter's life, but I also do not want to live in a socialist country any longer! In the US, I have a large support system, and can finish my degree in six months. In Sweden, I need to take another year of language classes and then train for two years to make an annual salary of about 20K (before 30% taxes). Meanwhile, we will be living close to the poverty line, and I will be out of luck if something happens and I need family help.

I got myself into this mess, I understand, but I need some advice on how toget out of it legally! I do not know any lawyers, aside from the Swedish one who doesn't know the US laws, and my son is suffering!

As an aside, my husband says I may not take her to the US, that he will fight me, and meanwhile, he doesn't pay ANY attention to her (no kiss good-night, let alone diaper changing, feeding, or cuddling).


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To: crystalk
crystalk says: I meant, of course, that the daughter HAS NO CLAIM TO US NATIONALITY NOW. This is not true. My daughter was born in Sweden. We got a Certificate of consular birth for her and a US passport. If you are a US Citizen and have a child born overseas GET THESE DOCUMENTS ! Remember without a US passport nobody has right to enter the US !
41 posted on 01/14/2002 11:12:18 AM PST by kdw
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To: DoctorMichael
I tried to post a reply a few minutes ago, but I didn't find it, so maybe it will be here soon. I could not possibly leave my daughter here without me--she and her brother are the best kids ever (biased). If I need to live here, I will, there is no way I want to do something that is 'illegal'. Period. Just in case the other post got completely lost, she is an American citizen (born in US) and a Swedish citizen. My husband is not physically abusive, just horrible to my son. I agree with strict discipline, but this man cusses at him, calls him names and is just cruel. Thanks for so much great advice! this is WAY TOO importnat to make any mistakes.

I have tried very hard to make this marriage work but my husband doesn't want it to. He will not go to marriage counselling, or agree that there is any fault on his side (and yes, I do know and acknowledge planty of my own faults!)

42 posted on 01/14/2002 11:15:43 AM PST by Rutabega
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To: Rutabega
I could not possibly leave my daughter here without me--she and her brother are the best kids ever (biased).

Of course you shouldn't leave your daughter. What are these people thinking??

43 posted on 01/14/2002 11:19:28 AM PST by truthkeeper
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To: Bikers4Bush
I'd dare say I'm in a better position to understand her plight than you.

Sure you are.

44 posted on 01/14/2002 11:20:25 AM PST by Architect
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To: Rutabega
I am getting over emotional and writing too fast, sorry for the spelling errors!

My parents are all for my moving home--I have tried to work things out with him for a year, and he doesn't want to help. I made a hash of my first marriage, and wanted this one to work very much. I am sad that it doesn't seem to. I am sorry that I sound childish to some of you, but I am very worried about my son who loves this man who is so nasty to him. My husband does like my daughter, however, and I do not want to split the two of them up for good.

Since it obvious I do not need to think about marriage again, I need a good male role model in my sons life, and my dad has an excellent relationship with him and was a great father (he's a FReeper, too).

I don't want to exclude my husband, I just want to get back to the US and give my kids a better life surrounded by love.

45 posted on 01/14/2002 11:23:08 AM PST by Rutabega
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To: Rutabega
I am getting over emotional and writing too fast, sorry for the spelling errors!

My parents are all for my moving home--I have tried to work things out with him for a year, and he doesn't want to help. I made a hash of my first marriage, and wanted this one to work very much. I am sad that it doesn't seem to. I am sorry that I sound childish to some of you, but I am very worried about my son who loves this man who is so nasty to him. My husband does like my daughter, however, and I do not want to split the two of them up for good.

Since it obvious I do not need to think about marriage again, I need a good male role model in my sons life, and my dad has an excellent relationship with him and was a great father (he's a FReeper, too).

I don't want to exclude my husband, I just want to get back to the US and give my kids a better life surrounded by love.

46 posted on 01/14/2002 11:23:09 AM PST by Rutabega
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To: crystalk
Just like we send all the Cubans who bring the children over with them without the permission of the other parent?

If Elian's mother had lived he'd still be here in the U.S.

47 posted on 01/14/2002 11:23:37 AM PST by Bikers4Bush
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To: kdw
That is where BOTH parents are Americans overseas on a temporary basis, not planning to domicile themselves there. In this case, if I understand it, ONE parent is no American at all, and the other might be said to have emigrated with intent to reside abroad permanently/indefinitely.
48 posted on 01/14/2002 11:24:30 AM PST by crystalk
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To: Bikers4Bush
double post, sorry.

My daughter's passport IS American!

49 posted on 01/14/2002 11:25:16 AM PST by Rutabega
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To: Rutabega
I am very worried about my son who loves this man who is so nasty to him.

If your son loves this man, why do you want to break them up? A little cussing is not the end of the world.

50 posted on 01/14/2002 11:28:49 AM PST by Architect
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Comment #51 Removed by Moderator

To: Architect
Have you ever been married and divorced? If not you don't have a leg to stand on. If you have you're a hypocrite.

Either way, you're no holier than she.

52 posted on 01/14/2002 11:30:58 AM PST by Bikers4Bush
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To: Bikers4Bush
I knew some $^&( would bring up Elian. That is a highly special case due to the outlaw and illicit nature of the foreign state itself, and even IT was decided in the way I am indicating, CRY out loud.

If Cuba prevailed, outlaw state and enemy that it is, what chance would she have against Sweden?

Probably this woman needs our prayers. As a Christian I think she had better settle down and make the best loving home she can right there in Svenska-land for her husband and children, and think of what is best for them rather than just herself, and forget those big birds in the sky for awhile, it often happens that the problem is interior and in the soul, needs prayer, conversion...and the airplane has solved nothing.

As a Christian I hope she settles and does her duty there in the snows, it can be a lovely people and place, even if the men are a little gruff and stolid by USA garrulous standards...strong and silent, that is, those Swedes...

53 posted on 01/14/2002 11:32:33 AM PST by crystalk
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To: Architect
He loves him because to him this man is his Dad. I can't believe you think it is okay to call little boys 'b*stard', *dumbs***', and yell at them for no reason (no whining or annoying 4 year old antics) but because you have that power ofver him. He is in daycare a few hours in the morning so I can take Swedish language classes, and the teachers there told me that my husband is so rude and mean they had to tell me about it. Even my in-laws think we should get divorced because of his behavior!
54 posted on 01/14/2002 11:32:55 AM PST by Rutabega
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To: cdwright
I have gotten counselling, and have been told that I am right to want to get away from him, and that it is a very unhealthy environment for my kids to grow up in. I have tried for a year to talk my husband into marriage counselling but he refuses to try.
55 posted on 01/14/2002 11:35:49 AM PST by Rutabega
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To: crystalk
My point was that, IF his mother had lived he would still be here.

IF she HAS to file for divorce the only place she'll get a fair shake at it is here in the U.S. and since both children were born here and ARE American citizens it makes sense for her to do it here and not there.

56 posted on 01/14/2002 11:36:08 AM PST by Bikers4Bush
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To: Bikers4Bush
I stand on my comment that only a bozo would advise her to abduct.
57 posted on 01/14/2002 11:37:34 AM PST by crystalk
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To: Rutabega
Besides place of birth you may want to look at "derived citizenship" Here is a brief history of US citizenship laws.

http://www.aca.ch/hisuscit.htm

58 posted on 01/14/2002 11:42:31 AM PST by rolling_stone
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To: Bikers4Bush
Thanks for fighting for me! It's bedtime here, but thanks for all the help!
59 posted on 01/14/2002 11:43:34 AM PST by Rutabega
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To: crystalk
You can stand by that one and I'll stand by this one.

Only an idiot would tell her to stay in a failed and unhappy marriage "for the children". Long term that would do far more damage to all involved than her coming back here where she has a support structure for herself and her kids.

60 posted on 01/14/2002 11:44:46 AM PST by Bikers4Bush
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