Hello, my name is Tatiana, i came by fiance visa to US 3,5 years ago, we have a child, now husband telling me that he want to live alone, but he want to get full time custody. I'm not working, because he didn't want me too, so now he want to live me and take our son, but I'm the one with whom child spending more of the time and i want to be with my child, but what the American Law and Court gonna do if the wife has a green card (housewife) and her husband is a U.S. citizen (full time job) and they're getting a divorce who will get custody of their son (2,7 years old)?
p.s. When he brought me here (fiance visa) he signed "Affidavit of support",
Please help me, I'm really scared that he is gonna take my child from me
In general, if your husband is employed and he's been supporting you for several years, you can ask the court for child and spousal support. In relation to custody, it is very difficult to say anything unless I know the circumstances. From what you described (that you have been the primary caretaker for the child for the last three years), the court would probably award you most custody with the child, with some visitation time for your husband.
However, you should contact an attorney to discuss your choices and chances in details.
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