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 Hello, 

I do have big concerns . My issue is about child custody and imigration law as well. My husband ( us citizen ) file a petition i130 for me to bring me in the States. I am located out of Usa and i give birth to our son this year . ( He become a us citizen after his father ) . My petition was approved and at this point my husband bring up one condition and said he wont bring us in the States if i dont sign the agreement he made it , which says ..in case of a separation our son will stay with the father in the states of Florida and attend school there . My concern is if i will sign something like this and he will divorce me or separate ...which rights i will have, if i can rovoke it .. being a conditional resident how can i keep my right and continue reside in the states and not loosing my son custody . 

 

 here it's a copy of it :  

Agreement to educateZ an American citizen in Florida

 

This agreement only goes into effect on the separation of X & YThis agreement is in no way coerced, forced or pressured in anyway.

This agreement is on behalf of Z, (Son of X &Y ) his direction in education, where he is to be educated and whom he lives with should a separation occur.

Both Parties (Florentina & James Stone) agree that Jack Stone is to reside in Florida and attend school and college programs. It is the understanding the Florida’s prepaid program that one must reside in Florida to comply.

X being a Romanian citizen, could easily pick up Z and decide she no longer would live in Florida or the United States.

This agreement is to prevent such an instance from happening.

If in fact that in the event of this circumstance, then Z remains with father and attends school. The mother is entitled to visitation and shared educational views.

   Thank you !

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Your parental rights are unaffected.  Neither your immigration status nor your income relative to the father's will be deciding factors in the matter of custody.  The court will also examine a number of other issues such as the child's age, current living conditions, which parent is the primary caregiver and so on, when determining the child's best interest.  Any previous agreement between the parents concerning matters of physical and legal custody, visitation, and child support must be approved and endorsed by the court in order to be held valid.

 

In the unfortunate event that you and your husband contemplate separation or divorce, you should immediately seek the counsel of a local family law attorney who can explain how Florida (or whichever state you reside in at the time) laws apply to your particular circumstances, and advise you how best to proceed.  Never allow a potential ex-spouse to convince you that your rights are somehow diminished or impaired by your immigration status, social status, occupation or income.

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   Thank you for the information provided . 

  My concern is that he will use our agreement in the court , i dont have money money for lawyers then  to revoke and go trough the imigration process for keeping my status and getting my child custody rights. Now the baby it's 4 months old , we dont have a house and  husband it's 59 years old . He has a criminal record in the past for drugs traffic and went for 10 years in jail. Does all this things count for wining custody ? 

 

   Thanks 

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You've been told twice that the agreement you have quoted likely would not be enforceable.  You can either believe it or not believe it.

 

It's impossible for us to predict how a custody battle might play out at some unknown time in the future when we know virtually no relevant facts.

 

Nor can you know whether, at some unknown time in the future, you will or won't "have money . . . for lawyers."  For what it's worth at this time, when one spouse is the primary earner, it is not uncommon for a divorce court to order that spouse to pay the other spouse's legal fees in connection with a divorce.

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