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Family Law: termination of parental rights, rights of the child, child support. (Russia)
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Question

I am US citizen who lives in Russia with Russian wife and child. I am hoping to avoid divorce, but if I am not successful, I'd like to schedule a consultation to have your feedback on the following questions:

1. What are my rights to see my child? She is 10 years old.

2. What are the financial responsibilities to my wife and daughter?

3. My 5 year residency is expiring in the next 6 months. I have questions about how to handle this as well as my registration should I need to move out of the house.

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Answer

I think you live in Russia and have permanent resident status. Is it correct? If one of the spouses insists for divorce, divorce will be granted. You have right to ask judge for reconciliation time up to 3 months. You also can file counter-claim against your wife (for example, in counter-claim you can ask the court to establish visitations time). You can win few more months. At the end, the judge will grant divorce to you and your wife, it is matter of time.

You have visitations rights. By your request, the judge will establish visitations plan (every week or few times in year, depends of your residence). You also can expect Skype communication you’re your daughter on weekly or bi-weekly basis.

If your wife is not disable person or she is not pregnant, you have no responsibilities to support her. However, you have to support your daughter by age of 18. The court may establish fixed amount or percentage (1/4 for one child). If you will live in the Russian Federation, most likely you will pay percentage of your income, if you going to live in the United States, most likely the judge will order fixed amount. As alternative, if you keep U.S. residence, your wife can file child support case against you in the United States. For my professional opinion, this is best way for her.

If you already have a residence permit in Russia, then a divorce will not affect your immigration status. Your wife is not obligated to provide living place to you. Therefore, if you have any intention to live in Russia, you need to handle the housing issue yourself. You need to start now, before your residence permit will expire.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
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