Alright, So my fiance has a dual citizenship here in America and in Guatemala. I know it would be better to probably contact government persons about this and I will just need a possible quick answer. If we have children, will he have anymore rights over them than I do? I havent thought about this at all until my mother bought it up. Any info on this would be great!
- wendy cLv 71 decade agoBest Answer
Citizenship is not the concern or issue.
Laws regarding custody of children are based on where they are normally a resident. That means, which STATE, since the law in every state is different.
An example is Nevada.. the law in that state is that if you are a RESIDENT there, the children have lived with the parent in that state.. it is a felony for either parent to take the children from that state, even if they are married, and no custody petition has been filed. In Texas.. UNTIL a court lawsuit has been filed, the married parent can take the child anywhere, and it is not a crime. (Stupid Texas, it invites people to snatch children this way, with no penalty).
As long as you are married AND live in the US, that is the residence of the child.. and both parents have equal legal rights, according to whichever state is the "home state" for the child.
If you separate (or even not!!), depending on the state, he could take the children to Guatamala, and it would not be criminal.. you would play hell getting them back, since the US would not have jurisdiction if he kept them there. In other states.. it would be parental abduction, and you could get a court order to return them.. assuming Guatemala honors US rights to ruling.
Bottom line.. his Guatemalan citizenship has no bearing on him having more rights than you. What MATTERS is the state where you live.
- jsmack19Lv 61 decade ago
It's probably a problem if you are already thinking about rights over children.
The rights of both of you are the same regardless. All his dual citizenship does it make it easier for your possible children to get Guatemalan citizenship one day if they so choose.
- Pagan QueenLv 61 decade ago
I believe your children will be USA citizens and nothing else, but you can call immigration free of charge and ask that question. Remember he will be able to travel and nothing will stop him from traveling with his kids. Something to think about