Takeaway From Recent Family Court Ruling: Check Other Parent’s Immigration Status Before Battling Over Child Custody

I rarely post about celebrity divorces, but this unusual family court ruling could not be allowed to pass unnoticed …

Husband and Wife and their two young Children live in California. Children are US citizens who were born and raised in the US.

Wife is a successful American actress. Husband is a foreign national.

Wife files for divorce in California. Wife seeks sole custody of their Children.

Husband’s US visa is revoked (allegedly for engaging in illegal activity in the US). Husband’s revoked visa bars Husband from being in the US.

So Husband moves to Monaco and France.

A California family court finally rules on custody.

And it orders that the couple’s Children, US citizens and residents, must move abroad to live with Husband.

Because Husband cannot legally return to the US (because of his alleged misconduct).

And because Wife’s employment reportedly affords her a large income and considerable flexibility.

A novel ruling.

Premised on Husband’s visa being reinstated before the Children’s next academic year. At which time the Children will return to New York and the couple will have equal timesharing.

Wife has reportedly spent $2 million on legal fees – thus far.

Read more in this Los Angeles Times article: Kelly Rutherford’s kids will stay with dad overseas, judge rules and this New York Post article: Kelly loses fight over kids.