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i'm an illegal immigrant ,.recently divorced with two kids. I couldnt afford an attorney,..because i didnt contest the divorce,..the judge said i was in 'default' and awarded her sole custody,..with supervised visitation,...and she is allowed toleave the state with my kids whenever she wants. I have been demanded to pay child support of $ 1,040 a month and have been currently unemployed for almost two years due to my illegal immigration status. I earnt great money one year and the judge based my support from that.I dont have that job anymore because of my status.I was additionally dragged into criminal court for domestic abuse.That was a ploy to get custody and was thrown out.,...i cannot see my children,..have arranged with the ex several times,..but at the last minute she backs out. I originally defaulted in my supervised visitation,..because after several attempts to call,..all i got was an answering machine,...the judge frowned upon that and gave supervised visitation again,advice?

2006-10-28 08:40:42 · 3 answers · asked by darren k 1 in Family & Relationships Marriage & Divorce

3 answers

First of all why do you have supervised visitation? You need to contact a father's rights group to help you out. Family court is like going back to the stone age. Go to legal aid services. Even if your not legally in this country they will help you do to no income. Why don't you get a landscaping or farm workers job? Even a busboy or kitchen help in a restaurant that will pay under the table? The courts always see that the woman are supposed to be the better parent. In actuality that both parents should be constant in a childs life. There have been studies done that prove this. Philadelphia Department of Human Services did their own study concerning how children react when fathers are forbidden to see the children. Also it focused on when fathers who see their child on a regular basis and is thrown into jail for not paying child support.

What the courts did along with your wife is called legal kidnapping of your children. You should refile custody in the courts and get a new hearing in order for you to get visitation or partial custody. Also, your wife can not leave the state with your children without your permission if she flies. She can not leave the country without your permission. It is kidnapping and you can report it. This past year the state of PA passed a law that if a person files a false PFA and it is found out that it is false that person will do no less than 6 months in jail for perjury. Family court is the most abused court system in the country. Fathers have no rights at all. Our basic right is thrown out. Judges won't change the sytem. Lawyers are too afraid or worried if they try to fight the system that they won't make their money. Lawyers are the problem to the system. Judges that were lawyers are lawyers who couldn't make it as lawyers and now are screwing the system even more. As a divorced father of 2 children I am always being dragged into court for one thing or another. I do see my children every week on a regular basis.

Good luck.

2006-10-28 09:04:51 · answer #1 · answered by steve s 3 · 0 0

DO NOT SEEK ADVICE FROM A FATHER'S RIGHTS GROUP. They are interested in getting their name out there and they don't care about their children. Steve S.'s response is totally wrong. He is trying to win graces in the court by fabricating and twisting facts. Don't get caught up in that craziness. I have been helping people with these issues and am very saavy regarding parental rights and what father's groups try to do. My advise is correct and puts the children first.

The first thing you need to do is comply with the supervised visits and prove that you can see your children unsupervised.

Once you are in a better situation, you can take her into court on contempt if she does not comply with the agreement. If you have an agreed visit time and she reneges, bring her into court on contempt. She will then have to comply or the court may realize that you are the "more stable" parent. You need to work very hard to follow the court order to the letter.

2006-10-28 09:13:32 · answer #2 · answered by Lioness 5 · 0 0

...make it explicity clear to the principle persons involved (including ex and children ((if children are receptive/mature enough))) that you do not desire for your self or family adversariality as a manner to resolution.

for this time accept supervised visitation and earn enough to hire some lawyer with the same 'no adversarial' resolution principle.

you have an issue as an illegal immigrant...it will need to be handled separately and jointly in the manner to family law as your lawyer deems acceptable.

do not ... i repeat ... do not show an attitude of adversarialness.

the practitioners of adversariality will be looking for it in you to see what way you deal with this stress and it can decrease any opportunities for safe/fair resolution.

which is what will serve you and your children best.....non-adversariality.

try to be persistent in making it clear you seek what is best for your children. which is that you wish to see no strife in their lives or their legal custody.

plainly there are problems to be over-come so you must take advantage of any supervised visitation which is offered.

good luck and be well to you and yours

2006-10-28 08:53:51 · answer #3 · answered by noninvultuous 3 · 0 0

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