Do I have to get a lawyer? Can I do this without a lawyer? My wife is from Mexico and I just found out that she is cheating on me. I am afraid that she is going to go back to mexico and take the kids with her. How do I get a restraining order? Would this help?
(I am writing this for an employee of mine who does not speak english. Thanks!)
2006-09-02 09:39:26 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
This employee is a legal US citizen and so is his soon-to-be ex wife. However, her ties to her family in Mexico are very strong and she has threatened to head south of the border with the kids.
2006-09-04 14:35:34 · update #1
Tell your illegal employee that he and his wife should go back to Mexico and take their illegal kids with them...
You should be either locked up or fined for allowing a illegal immigrant to work for you.
2006-09-02 09:46:31 · answer #1 · answered by BORED AT WORK 5 · 0⤊ 1⤋
First, is he an illegal immigrant.? If he is legally in this country, then he can use the legal system. If not, then hes got a problem. He has to act quickly and get a restraining order prohibiting leaving the country with their children, before she makes it back. Since this is going to be an interstate or probably intercountry, the best bet would be to get an atty. The biggest problem is going to be, if both are here legally, in divorce court, our countries divorce court awards custody automatically to the mother unless she has been convicted of or charges pending of child or drug abuse. Reason for divorce such as cheating/adultery doesnt matter. So she could still end up with the kids and could file to leave the country with them legally. Hope this helps and good luck
2006-09-02 17:09:21 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
Get a lawyer, now. File divorce papers and full child custody. You have a job? A place to bring them and somebody to care for them while you are at work, a respectable person? A home for them?
You can not nor will you get your kids if you don't get a lawyer.
Being unfaithful does not make your wife a bad mother. If she did it in front of the child it would be.
Don't use the kids to hurt her, the kids will end up hating you.
2006-09-02 16:46:16 · answer #3 · answered by L C 1 · 0⤊ 0⤋
Immediately file divorce paperwork with temperary custody paperwork..
A restraining order is designed to keep someone at a distance not limit the distance they can go away.. so a restraining order isn't what is needed.
There are many veriables here such as nationality of all parties (including children), language spoken (most u.s. paperwork is in english), ect. Having an attorney would simplify the process as a bilingual attorney can easily negotiate the legal system in the name of his client..
2006-09-02 16:55:57 · answer #4 · answered by Diane (PFLAG) 7 · 0⤊ 0⤋
get a lawyer, if your employee can prove infidelity then he will get custody no problem if he has a house and a good job with insurance and the kids want to live with him even better, he needs to file for divorce get the passport, court order her not to leave the country or even the state you live in, trust me i just went thru this with my ex from nicaragua, she will have to stay here util the custody/divorce hearing but he better do it fast so she can not leave and it would be better to not let her know just let her be served that way she can not make plans to skip town. are the children american citizens? if they are then fight for them do not ever stop!!! I just won custody of my two children the father tried to take them out of the country but he had to surrender his passport and he could not leave the state and he has to pay child support, hurry do not waste any time!!!! Good Luck
2006-09-02 18:35:08 · answer #5 · answered by twinki 2 · 0⤊ 0⤋
You do need a lawyer. i wouldn't suggest you try and get full custody but get joint custody. Make sure she can't take the kids out of state to live. I think kids need both parents to bring them up even if they are together anymore. You will need to get over that she cheated on you just for the kids sake. you wouldn't be with her anymore but you need to keep a friendly relationship going.
2006-09-02 16:44:44 · answer #6 · answered by Lady Dee 3 · 0⤊ 0⤋
Yes, by all means get a lawyer that specializes in family law.
2006-09-02 16:41:16 · answer #7 · answered by just forgiven 4 · 0⤊ 0⤋
Get a lawyer of course. But do all you can if you love your kids you would know this shouldnt you?
2006-09-02 16:41:59 · answer #8 · answered by Message Police 2 · 0⤊ 0⤋
You do need to get a lawyer
2006-09-02 16:40:23 · answer #9 · answered by Maro's mom 5 · 0⤊ 1⤋
He needs a lawyer. It's not something he can do on his own.
2006-09-02 16:41:52 · answer #10 · answered by Royalhinney 7 · 0⤊ 0⤋