Green card application for 13 year old son who is not living in the same house

[husnuceylan]

A very close friend of mine got married. She and her husband will apply for green card both for her and her 13 year old son. Her son lives here in USA with her ,but now her ex husband does not give permission for her son to live with her new husband. Her ex husband has a cousin here in USA and he will be her son's legal guardian in Florida. Can she apply now both for herself and her son to get green card, even she will live in NYC and he will live in Florida for his legal guardian?

 

[Jackolantern]

You're confusing me ... who is living where? Right now, where (which state) is her ex-husband, her current husband, herself, and her son?

 

[Concerned4us]

A very close friend of mine got married. She and her husband will apply for green card both for her and her 13 year old son. Her son lives here in USA with her ,but now her ex husband does not give permission for her son to live with her new husband. Her ex husband has a cousin here in USA and he will be her son's legal guardian in Florida. Can she apply now both for herself and her son to get green card, even she will live in NYC and he will live in Florida for his legal guardian?

She needs a family law attorney. I question whether this can be legally enforced.

On a side note, I cannot imagine a mother choosing a new spouse over her young child! Most real parents would not agree to this condition. Poor child! It looks like she married only for a green card.

 

[Jackolantern]

She needs a family law attorney. I question whether this can be legally enforced.

I'm guessing that the new husband lives in a different state than the ex-husband, so it would be possible for the ex to prevent the boy from moving there.

But the OP needs to clarify who is living where, so we can understand if the underlying issue is the new husband or the new state.