My sister and her husband are splitting up.
He's American, and she's a citizen (from the UK originally).
They are just at the beginning of the process.
He's very wealthy, she's not. They have a 6 year old DD. She is not concerned about the money, (so far he seems to be doing the right thing) she's concerned about custody of her children. Her MIL, who lives locally, is a toxic old lady, and part of the reason the marriage broke down. My sister's not at all keen on him getting shared custody as it means her kids basically being brought up by this woman.
She's moved out of the huge family house and is living in what we in the UK would call a studio flat with her DD. She has no job (but is looking for one asap).
What would happen if he decided to fight her for custody? Do courts over there tend to favour the resident parent for custody like in the UK? Or does money talk? Will his huge wealth help him win custody? Under what circumstances do US courts take children off their parents - is she at risk of this happening?
Although it's obvious on a personal level that keeping her kids away from the toxic MIL is the right thing to try to do, the MIL isn't physically abusive - but the courts aren't going to take that into account are they? There's no evidence of anything untoward.
What legal rights does the father have?
I understand if my sister wants to come home he can likely prevent her from doing so if he chooses, is this right? Does it make any difference whether he has a custody arrangement as to what legal say he has over his kids leaving the country?
I know the real answer is for her to see a lawyer and she is going to in the week. But any help or advice would be much appreciated.
Thanks in advance.
(Regular but namechanged as I'm going to share this thread with my family)