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Many couples are usually angry during a divorce and often forget the child's feelings in the midst of it all. It's healthier in most cases that the daughter see both of you. Just because your wife has a green card doesn't mean she isn't entitled to have partial custody of your daughter. You need to see a lawyer over this one to be sure everything is legal and decide what is fair for your child. Perhaps your wife can take your daughter, but under court order send the child to you during special holidays, summer vacations, etc. If you are not prepared to spend quality time with your daughter then it's best she stay with her mother and hopefully your wife will keep in touch with you regarding your daughter. If you are willing to put 100% into joint custody then you have every right as the father to a shared custody. Before a legal evaluation can be made, one important question needs to be addressed. Where it the child's citizenship status? Is the child a U.S. citizen, Another Country or Dual Citizenship status? The court first and foremost is concerned with the well-being of the child.

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17y ago

Custody is awarded based on what is in the best interest of the child, therefore the judge will award primary custody to whichever parent is best suited to care for the minor child. The issue of the father being a legal immigrant does not invalidate his parental rights to a child whether they are custodial or visitation nor his obligation to pay support if he is not granted primary custody.

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Q: If the wife has a green card and her husband is a U.S. citizen and they're getting a divorce who will get custody of their daughter?
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