Child Custody Legal Answers

How do I change legal custody of my daughter?

My daughter’s father and I have shared legal custody. I am Iranian and practice Islam, he is from the U.S. and is a devout catholic. Our religious differences are part of the reason the marriage failed. When my daughter was born I agreed she could be raised Catholic. She is 15 now and wants to convert to Islam and wants to join my mosque. Her father is adamantly opposed to this and says he will take me to court and sue for full custody of her if I allow her to practice Islam or attend mosque. How do I change the custody order so that I have legal custody and the authority to let me daughter change her religion? Is she old enough that her wishes will be considered? Is the fact that she is 15 and is making her own decision to convert to Islam enough to change legal custody?

Phoenix, AZ

Mar 15, 2021

What is the process for divorce for a permanent resident?

My wife and I came to the U.S. 10 years ago and are now permanent residents, but not citizens. I am considering divorce and want to know what my rights are. I am especially worried about what my custody rights are as a dad because we have 2 daughters and my wife has threatened in the past if I divorce her she will not let me see them. What is the divorce process for residents who are not US citizens? Does a father have the same rights as a mother if she’s been the primary caregiver for the children? I would like to work with an Iranian lawyer who understands the divorce process in both the U.S. and Iran if I do have to pursue a divorce there.

New York, NY

Mar 15, 2021

Will a court separate siblings in a custody case?

My ex-husband and I have 2 daughters, and one has special needs. He wants shared custody of both girls. He’s a good dad, and I have no problem sharing equal time with him for our older daughter. However, our special needs daughter requires a lot of time and attention, and he has never been able to properly care for her on his own, partly because he won’t acknowledge she has disabilities. We are going to court soon for custody, and I want to know whether a judge could issue two different custody arrangements for our girls – shared custody of our older daughter and primary custody of our younger child to me? Is this the type of situation where it would help to have a lawyer represent me? So far I’ve been doing it on my own.

Philadelphia, PA

Mar 15, 2021

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