My daughter is married to an illegal from Mexico and they have a 3 yr old. He has not seen my granddaughter for 21/2 yrs. Now he thinks that he can come in and just take her away. My daughter can not afford a divorce and where we live they are not lawyers willing to work pro bono please help us we are afraid that he will get her and take off to Mexico.
2007-03-20 23:21:17 · 8 answers · asked by Anonymous in Politics & Government ➔ Immigration
where was your granddaughter born, if USA then she is a US Citizen, he is Illegal, how did they marry? where were hey married? the marriage itself might not be legal, Where are you located, you can email me at sofmatty@yahoo.com and i can get you the contacts that you need
2007-03-20 23:31:28 · answer #1 · answered by sofmatty 4 · 0⤊ 0⤋
Unfortunately, 9 out of 10 marriages between a US Citizen and foreigner ends in divorce or situations like this.
It is like the Nigerian money scams. Everyone knows it is a scam, but they still fall for it.
Your son-in-law has just as much legal custody of your granddaughter as your daughter has since they are still legally married.
And if he gets the child (which under Mexican law is also a Mexican citizen) to Mexico before a US Court grants custody, then the Mexican courts will not recognize the Hauge Convention on Child abductions because it will not legally be an abduction.
Unfortunately, the bad decisions by your daughter will negatively affect your granddaughter.
I'm sorry that there is not much you or daughter can do now. The only possibility that I can think of is "buying off" your son-in-law.
Bribery is a common thing in Mexico illegals especially have very little ethics.
I would suggest that you photograph, fingerprint the child, and obtain a DNA sample so that in 15 or so years you can fully identify the child when it comes to the USA to live.
Enjoy what time you have with her now while you can. This situation is extremely sad, but too common.
Best of luck.
2007-03-21 01:56:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Okay, it is possible for your daughter to obtain a dissolution of marriage by filing the needed papers herself. In some cases, a court will waive filing fees for the action for
a litigant "in forma pauperis" as here. The paper you need is called a petition for dissolution of marriage, and if you go through the local bar association you may find an attorney that will help. Depending on exactly where you are located, there may even be a local attorney who could be appointed by the court.
This will do several things. First, it will terminate the marriagem and divide whatever property the two of them have that is jointly owned. More importantly, the court will
rule on the issue of custody and support of the minor child.
Consider a couple of points before you do that though.
First, was your daughter of legal age at the time of this marriage? If not, then unless she had written consent from one of her parents the marriage is not legal and has no force or effect. And, if she happened to be underage at the time the child was conceived, that simplifies the custody question,
since a court will seldom give custody to a litigant who fathers the child by an underage minor.
If a court should order visitation to the father, what you can do is ask the court to order supervised visitation to keep him from fleeing the jurisdiction.
2007-03-20 23:47:32 · answer #3 · answered by Jeffrey V 4 · 0⤊ 0⤋
The father has as much right to see his daughter as your daughter does. IF he was married to her then how is it that he is illegal? Wouldn't they have filed for his I 130? How can she not afford a divorce if a divorce doesn't require a lawyer you can do it on your own. The thing is he has equal rights even if he is not legally in the country and he has rights to visit the child. My question is why did 2.5 years pass? Was it because he was refused access to his daughter? Something does not add up in the story and you are only giving us one side of it. Obviously you are going to favor your daughters position but the child is best with both of their parents not one. If he doesn't live in Mexico what makes you think he will run off with her unless you are denying him access to the child? Sorry but I grew up in a home where my father was denied rights to see me and it makes me very angry for someone to do this for not a single good reason other than selfishness and hatefulness. What did my mother earn from it? I don't speak to her and my father lives with me. That is what you and your daughter have to look forward to if you deny your granddaughter the right to have her father in her life.
2007-03-21 08:11:52 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You illegal son in law is doesn,t have any rights taking an American citizen into Mexico.Just to be on the safe side.Tell him that immigration is looking for him Then put a peace bond on him That should keep him away from your home.Then buy a gun.If he forces his way in the house you have a right to shoot him Make sure he is all the way in the house. and then try to find a friend in your city that has had a divorce an has gotten custody of her kids.Copy the decree as far as visitation and child support.Call your court house and find out what it cost to file for a divorce.You dont need a lawyer to file.By no means allow that man to ever have visitation alone with that babygirl.He could take her out the same way he came in.In Texas Its 160.00 to file.If you are afraid of him get a protective order.That mohow doesnt have any rights to that baby other than what you give him out of the kindness of your heart.If hes been gone two years tell him the baby isnt really his..Tell him you want a DNA test and that he has to pay for it. Lose the birth certicate Its not like hes going to take a cop to your house to get visitation..He doesnt want the baby... he wants to make your life hell Turn the tables. Tell him he owns you12000 for back child support.Tell him that you have called the attorney general on his butt...You get the picture..He has more to lose than you.If he wants the baby make sure you get the proctive order for both of you.Her name has to be on it.Do not allow him visitation without a court order. Then make yourself unavailable. Take a trip when hes plans to stop by LOLThen go to court and tell the judge that he has threatened to steal her and take her to Mexico.Make sure you take the baby with you when you do If you have to leave the baby in a daycare or with a sitter..Make sure he can never pick her up.!!!!!!.If he ever abused you get witnesses to testify.... By the way most cities have legal aide check with your local courthouse Good Luck
2007-03-21 00:05:50 · answer #5 · answered by Angelbaby 2 · 0⤊ 0⤋
I stay in Georgia so i'm uncertain what your regulations are there yet i will inform you mine. in case you probably did no longer marry him he has no rights. He might prefer to get a attorney and take you to court for custody themes, he might the would desire to have ligitamate evidence which you have been an no longer worth mom & there are terrible living situations, loss of care, her grades are falling, yet additionally they evaluate his subject as some distance baby help (if its threw an company it is going to likely be documented what, and while, it incredibly is, or isn't paid)... or perhaps nevertheless your daughter isn't sufficiently old to state which discern she chooses to stay with, no decide is going to take a baby from their mom devoid of first having a closed discusion with the baby abou ther living arrangements. And judges do no longer turn a baby existence around consistent with heresay. i think of your good. Momma. save Doin What Your Doing.
2016-10-01 06:32:13 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Call immigration and report him. If the child is an American citizen someone will help. what state are you in?
Your daughter can file on her own in most states.
2007-03-20 23:28:25 · answer #7 · answered by dakota29575 4 · 0⤊ 2⤋
Just call the cops on the guy. He won't stick around.
2007-03-21 01:41:11 · answer #8 · answered by Yak Rider 7 · 0⤊ 0⤋