Please Help- Pregnant and US Husband cheated

[kiria&daniel 23]

Please help,
I am a permanent resident and have applied for my removal of conditions. I should be recieving this sometime soon...
I recently found out my US husband has been cheating on me for the majority of my marriage, I am 6 month pregnant with his child... I want to move back to australia to have my child and divorce him- however I am scared of the legal rights he has over me and my child....

What can I do???? Can he go for custody even if I have my child in Australia? I am planning on divorcing him- he doesnt deserve me and my child.

Please help!

[Ontarkie 13,918]

Get on the plane and go home. When your child is born in Australia then file custody and visitation per the laws there. If he wants any visitation in the US the US Courts will honor the Custody papers from Australia.

Mod hat on

~~Thread Moved to Effects of Major Family Changes on Immigration Benefits, from General Immigration-Related Discussion~~

Edited January 7, 2014 by Ontarkie

[SAT 9,609]

There's no child before the child is born. And when the child is born, you don't even have to name a father on the birth certificate. You're the one that has the upper hand.

Ontarklar is right. Go home to Australia. Now.

[Golden Gate 530]

Go home now, because once the baby is born here, even if you don't put his name on the birth certificate, he can go to court and prove he is the father. Also, the fact you are married will automatically make him the father.

[JnRMo 16]

I believe we have reciprocal enforcement treaties with Australia for child support enforcement - so if he is confirmed as the father you may be entitled to child support, even if it's difficult to get.

[SAT 9,609]

Wrong thread....

Edited January 8, 2014 by SteveAndTiff

[aaron2020 11,651]

Until the child is born, you can do whatever you want. You can permanently return home and give up your green card.

Regardless of where the child is born, he/she will have a legal father with rights.

If the child is born in Australia and resides there, then Australian courts will have control which gives you the upper hand as the home team for custody.

If the child is born in the US, then a US court will decide custody. Moving back to AU would not be good for you on the custody issue.

[Kay&Jeff 7]

Sorry to hear if your situation what an #######! Come back to Aus now before u get any further along and can't fly.

[Jawaree 717]

The Aussis do haae agreement with the USA but your concern should

be him getting a STD that'll blind your unborn child, US or AU is 2 OK

places for baby to be born...make up your mind B4 U cannot travel

[Golden Gate 530]

Good point about getting tested for STDs. You will probably have to request that with your doctor.

[N-o-l-a 7,167]

I'd move now, because once you have the child you could be charged with kidnapping if you up and leave with them. It is also likely that if the father wants custody and you don't end up with sole custody (which is unlikely unless he is abusive), that you'll be unable to move back to Australia with the child without quite the legal battle.

[JohnR! 5,495]

Please help,

I am a permanent resident and have applied for my removal of conditions. I should be recieving this sometime soon...

I recently found out my US husband has been cheating on me for the majority of my marriage, I am 6 month pregnant with his child... I want to move back to australia to have my child and divorce him- however I am scared of the legal rights he has over me and my child....

What can I do???? Can he go for custody even if I have my child in Australia? I am planning on divorcing him- he doesnt deserve me and my child.

Please help!

After all the answers you have, the choice is yours. If you want to stay in the US an raise your child here you can do that, however if you want to raise your child in Australia you are better off by going back home and delivering the baby there, for that will give you the upper hand in any legal proceedings.

Good luck!

[Golden Gate 530]

Until the child is born, you can do whatever you want. You can permanently return home and give up your green card.

Regardless of where the child is born, he/she will have a legal father with rights.

If the child is born in Australia and resides there, then Australian courts will have control which gives you the upper hand as the home team for custody.

If the child is born in the US, then a US court will decide custody. Moving back to AU would not be good for you on the custody issue.

Why do you say this exactly?

[N-o-l-a 7,167]

Why do you say this exactly?

I also don't agree that moving is bad. I moved when I was pregnant very far away and I ended up getting sole custody. If anything, my lawyer advised, it adds to your case in that you think that said man is that morally reprehensible that you'd do anything to get away.

[Possiblymaybe 371]

I'm shocked that all of the responses have been to move back to australia before the child is born. The father has a right to his child. His actions have proven that he does not deserve his wife, but cheating on a spouse is no reason why a man should be denied his right to be a father to his child. I can imagine that you are extremely hurt and upset right now, but I think if you were to take a step back, you would realize that denying him his child is not a punishment to fit the crime.