My wife is from Mexico and I caught her cheating. She said that she I leaving. I don’t care but she told me that she is going to take our son to Mexico to live with her. How can I stop this or better yet how can I gain full custody? I love my son and she knows this and she is using him against me. She knows that if she leaves for Mexico I could never find them again. And I will probably never see my son again.
2006-11-17 13:50:38 · 8 answers · asked by guero75220 2 in Family & Relationships ➔ Marriage & Divorce
children can leave the country with only one parent. when we have gone to visit her parents i was never asked for paperwork for my son only for me. both times my son and i were the only ones traveling.
2006-11-17 14:02:44 · update #1
You should get an attorney and try to get an injunction against her so she can't leave the country and then go to court and try to get custody, but usually you have to prove a mother unfit before you can get total custody, but you can at least get partial custody and she would then have to get your permission, in most cases, before she could even take him out of the state, let a lone the country. I live in Iowa and this is what the attorney told me when my husband and I got divorced and I got custody. Of course, I let him see our daughter whenever he wanted so that really wasn't a problem, in our case. I really wish you luck. No one should ever have to be deprived of their children or the children of a parent.
2006-11-17 14:03:30 · answer #1 · answered by Rebecca P 1 · 0⤊ 0⤋
Initially, I can only give you my perspective as a person (friend), so anything that I tell you, you should discuss with an attorney in your area that specializing in handling divorce/child custody cases in your state. But, as to my understanding, when there are ground for a divorce e.g. Adultery, she legally can not have custody of the child - even if she wanted to, but sometimes the judge look within the marriage (prior to divorce) and decides who gets custody. (see reference 3 below for details)
Therefore, my advice to you would be to begin the divorce procedure, right away. Do not procrastinate or still have sexual relations with her because once you learn of the adultery and have sexual relationship with her, it is deemed condoned or in plain english, forgiven.
Nevertheless, who gets the child's is always up to the court. The court will grant custody based on two primary factors: 1) what's in the child's "best interests", and 2) who is the child's primary caretaker.
If your wife has a job and able to take care of a child (i.e. no mental holds) and you also have a job and nothing against you that would deem you to be an "unfit" parent, the both of you may posess an equal chance at gaining custody. So when it come down to it, however, just be prepared for the worst and hope for the best.
The only important thing is that you get away from her. You son do not have to take as many of the dangerous risks that you would being around an unfaithful women.
Hope this answers your question!
2006-11-17 14:44:04 · answer #2 · answered by bkdaniels2006 5 · 0⤊ 0⤋
First thing you have to do is file for a LEGAL sepearation then a divorce. That means getting a lawyer, in the paperwork have the lawyer put in a statment prohibiting her from leaving the country with your son. You probably won't be granted custody just because you WANT custody and want to keep your son here in the states but you can prohibit her from taking him over the border without written/notarized permission from you. But first you have to consult a lawyer.
2006-11-17 14:42:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Go get a lawer and get those papers served on her fast. And tyr to prove she is a bad mom if son is old enough he can choose he will have a lawer also. She committed adultry but get a lawer and get the papers served so she can't leave and if she does it is called kid knapping good luck
2006-11-17 13:56:46 · answer #4 · answered by mommys_girl1234 2 · 0⤊ 0⤋
in the u . s ., 7 out of 10 fathers petitioning for custody get custody. I have not have been given any theory what the stats are in India. regrettably, you have asked on a international internet site, so have a slender threat of having that variety of information out of your us of a. are you able to locate an identical internet site in India?
2016-10-15 16:47:42 · answer #5 · answered by ? 4 · 0⤊ 0⤋
as far as i know you can't leave the country with your child without a notarized document stating when you will bring that child back, so you should be okay. you have rights too, call your child services/family services in your area and they will help you with this.
2006-11-17 13:56:46 · answer #6 · answered by latinsmama 3 · 0⤊ 0⤋
contat an attorney right away. Mexico has strange laws and they protect their own!!!
2006-11-17 14:05:42 · answer #7 · answered by -------- 7 · 0⤊ 0⤋
COURT?
2006-11-17 14:03:56 · answer #8 · answered by baltimore_queene 3 · 0⤊ 0⤋