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Family Law: divorce proceedings, conclusion of marriage (Russia)
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Question

We married in New York, USA on September 2018.

We have lived together in Moscow since January, 2018 because of waiting for her green card interview.

We have our son born in August 2018 in Moscow.

I have not seen such an aggressive girl. I have tried to be patient for my baby not to grow up with parents divorced. She always has me hid the fact we married because she wanted to keep child support from the Ex-husband. She refused to move to USA. That is the compromise broken because we promised to move to USA and live there permanently.

Wife and I stay at home 24hrs to care the baby, but she doesn't cook for me or clean house or wash dishes and laundry. I do everything, but she sleeps with a baby.

I want to move back to my town, NYS with my son as soon as possible.

I am looking for a specialty in international spouse's divorce to get a sole custody on my son.

US Embassy doesn't issue USA passport for a child without my sole custody decision.

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Answer

To obtain an opportunity for file divorce case in Russia, you need to prepare marriage certificate with apostille and child birth certificate. If your child was born in Russia, you need to obtain Birth certificate from ZAGS authority.

It is not clear from your explanation, if your son has U.S. citizenship or not. However, your son has Russian citizenship for sure, if he was born in Russia and has Russian mother (See article 12 part 1 of Russian Citizenship Law).

Since he was born in Russia and became a Russian citizen, he will be under protection of Russian legal system. Your chances to get custody are too low unless you will find way to relocate to the United States together with your family. If your wife will agree to travel to New York, you will get a chance to file custody case to the American court.

Until your son is living in Russia, your chances to get custody and get relocation order are too small. It is possible in certain cases i.e. she is a criminal, drug addict, and etc.

Therefore, you have two ways to resolve this situation:

1. Try to keep your marriage and make relocation to the United States for whole family; as soon as you get the United States, it will be under your control your child’s way back to Russia. You will be able to file divorce or custody case to U.S. court, and even if you get joint custody, you will be fully involved to your child’s life.

2. If you have no way to keep family relationship and take your family to the United States, you need to accept that Russian judge will grant you by visitations only.

To get visitations under Russian court, you can file this issue with to the court together with divorce or separately from divorce. I think it will be better to resolve all matrimonial issues at the same proceeding, during divorce, to save money and time. I will be glad to handle your case if you decide to use this road.

Unfortunately, I do not see any option for you to get custody in Russia until your wife will be convicted in crime or something similar.

I will be glad to help you.

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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