child custody

[maestro11]

wat r the rights of a dependent (h4) visa mother of a US born toddler have in the state new jersey...on wat basis court can grant sole custody of the child to the mother if the spouse is on h1 visa?

 

[Proserpina]

If Mom is on a dependent visa, she may become subject to deportation proceedings if she gets divorced unless she qualifies for another type of visa herself.

The husband - the H1 visa holder - would have a good case for custody of the US-citizen child.