O.K. Here is the thing. One of my good friends is going through a divorce. They are both from Trinidad, the child was born on American soil, has an American birth certificate, she has an American student visa, and all of that. Well, the husband is a not so good person if you know what I mean. Well, they are in county court and seeing a no good county court judge to say the least. The only thing I do not understand in this trial is that the judge has seen how much the husband has lied about his money, his child support, and all of the things he has done to her in the past. Well, the court is willing to grant her custody. Only if she moves out of the country. I wasn't for sure whether or not a county judge had the authority to move someone out of the country in a divorce and custody hearing. It doesn't make any sense at all. Isn't there a way to see another judge?
2007-03-20 05:54:24 · 3 answers · asked by dargeton 1 in Politics & Government ➔ Law & Ethics
He isn't tell her to leave the country. He is saying that he would give custody if she left. Local judges can not deport you. Only Immagration judges, and maybe Fedral (not totally sure on Fedral Judges) can deport some one. May be he is telling her this because this way the father would have limited contact with the child (the child would be in another country). Your best bet would be to talk to a lawyer, to help protect her visa status, and her childs custody. If money is a problem then call up your states legal bar and ask them for informatin on pro bono or low income legal aid, which is avalible in every state.
2007-03-20 06:07:24 · answer #1 · answered by hank 3 · 0⤊ 1⤋
Once a judge has been assigned to a case, you usually are not allowed to pick a different judge just because you don't like the rulings being issued.
The county/state judge does not have the authority to order someone out of the country, as a condition of custody or under federal immigration laws. Immigration laws are solely under federal jurisdiction.
However, if a lawyer were to look at the actual holding, the judge probably isn't actually making custody dependent upon moving out of the country. The judge is probably making custody dependent on her obeying all laws, including federal immigration laws. Which means, if she is not otherwise allowed to stay in the country legally, he can make custody dependent on her not breaking the laws.
2007-03-20 05:58:45 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
no matter what number circumstances you ask (and this must be a minimum of the 6th time) the respond shouldn't replace. attempting to get residency like this would possibly not artwork. at first he wasn't even your husband so the battered significant different course is closed. Secondly it's going to be investigated. The courts might ingredient with women people very rather on those concerns yet USCIS would not share their leniency. If it replace into that undemanding there'd be distinctive unlawful immigrants who cry kinfolk violence to alter their status. this is probably less demanding to push a typical case with the aid of than a kinfolk violence waiver because of the quantity of study and skill for fraud.
2016-10-19 04:18:42 · answer #3 · answered by lipton 4 · 0⤊ 0⤋