Family Law: termination of parental rights, rights of the child, child support. (Russia)
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I am writing concerning my getting divorced in Russia. My wife is Russian but also has American citizenship. We were married in America. We have two children. Both of our children were born in America, but they also have Russian citizenship.
I want to file for divorce in Russia. I do not own any property in Russia, although I do own a house here in America. Both my wife and I are on the deed for the house. I have a few questions:
1. What are my chances of getting custody of my children, after they are 10 years old?
2. If a court orders custody for me, how can they enforce order?
3. If my wife violates/restricts access for me, what can happen to her?
I know that probably I won’t get custody, but I can visit Russia twice during the year.
4. Would I be able to have time alone with my kids? I would like to be able to email my daughter, call and text on her phone, without my wife’s interference, and to Skype every day, even if just for a few minutes. When I go to bed, they are getting ready for school, and when I’m having lunch at school, they are getting ready for bed. I want to have a routine with them. I’d like to play checkers and chess online with my son. I have told my wife that I would pay more for a larger flat, and for them to get Internet in the flat, along with an actual computer for the kids to communicate with me.
I do not want to lose contact with my children, or to have my wife sever the relationship between my kids and me. I feel that I have no hope!
5. When the court looks at my income and decides what % should go to child support, do they consider how much further money goes in Russia, and if the court orders it to be 1/3 of my income, is that before or after taxes?
6. If I do not provide my income information to the Russian court, how will they base the amount of child support? Isn't the formula roughly 1/3 of the father's income for 2 children? Can you give me an idea of how much this amount might be?
7. Is it true that a Russian court largely will not address any property in America for a property settlement? If so, my wife's name is on the deed, and even if I get to keep the house, I do need to get her to sign a document that removes her name from the deed, so that I will be able to sell or re-finance the house in the future. I'd be willing to pay her a lump sum to get her to sign this document.
You have 100% rights for divorce in Russia and visitations with your children. Typically, you can get physical visitations two or three times in year, and Skype visitations on weekly basis.