my papers are on hold for some reason and be and my husband has been married for 4 years. we have 2 kids and he just hit me with some divorce paper. i would like to know if there is any way for him to keep the kids because he has his citizenship?
please help!!!!!!
2007-05-18 06:22:28 · 14 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Depending on why he wants a divorce...if it is something yo have done, get a lawyer. If it is him wanting out for no good reason, you can fight the divorce on the bases of you not wanting a divorce and it breaking up your family.
You need to follow thru on your immigration and get that sorted asap !
In most cases, they don't want to split the mother from the children but if you have been a naughty girl, you will lose. But too, you can lose just on the fact that you are not a citizen and you could leave the country with the kids.
GET A LAWYER and if it is your husband being a nasty bugger, make him pay for the legal fees and sue him for everything you can !!! Get some dirt on him and turn the tables !!!!
2007-05-18 06:36:09 · answer #1 · answered by Samantha A 2 · 0⤊ 0⤋
Many different races,cultures and backgrounds get together, just because you aren't a citizen doesn't make your a bad parent...the courts will look at the whole picture and decided where the children are best placed..most cases the wife will get them and not very often a husband, so best to get legal help and you can always make it a long drawn out divorce with many benefits your side. who ever gets the kids the other will have to pay.
I married an English guy and I am American still living in UK and i was darn sure he wasn't keeping our little one..
2007-05-18 06:36:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
No. But you need to get a family lawyer or divorce lawyer. If he has intentions to take the children , you need to have someone to fight for you . The court looks at how equipped you are to raise these children. Legal status has little to do with it , if you are married to him, you should have your green card by now, which give you the same rights of any citizen ( except voting)
Also, money is not an issue, because if you don't work, he has to give you child support.
Find a local lawyer. Here is a site with plenty of information on the subject. Read on and if you can't afford a lawyer, find a local advocacy group that can set you up with free counseling.
Good Luck
http://www.totaldivorce.com/child_custody.asp?GCID=S18500x001&KEYWORD=child+custody
2007-05-18 06:31:21 · answer #3 · answered by Georgie 4 · 0⤊ 1⤋
Yes, a parent can indeed be denied custody because he/she isn't a citizen. The courts would fear that the parent who is not a citizen would kidnap the children and flee the country. So if you are not a citizen, the US courts could and most likely will award sole custody of the kids to your husband.
2007-05-18 06:27:28 · answer #4 · answered by kja63 7 · 1⤊ 1⤋
Provided that you are a resident, that is not usually an issue. My Aunt's sister recently divorced and they share custody, but she's been a resident for more than 10 years now. But your case may be different. Consult an attorney!
2007-05-18 06:27:26 · answer #5 · answered by CarbonDated 7 · 0⤊ 0⤋
I would say get legal aid to represent you on that one i am not sure of that and i am usually very knowledgable on custody issues. Talk to a lawyer and if you cant afford one usually every city has a free legal aid office for this type of thing. Good luck
2007-05-18 06:26:34 · answer #6 · answered by superthunda 3 · 0⤊ 0⤋
You could still get custody. If you were deported to your home country, you could take the kids with you. But like other people said, ask a lawyer.
2007-05-18 06:27:38 · answer #7 · answered by Carlos 3 · 0⤊ 0⤋
No offense, but you really need to have this discussion with an attorney. You can't trust the information provided here enough to rely on it for something so important. Good luck!
2007-05-18 06:25:38 · answer #8 · answered by Mr. Taco 7 · 0⤊ 0⤋
Call the CHilds services court in your county; but I'm betting they aren't going to grant custody to someone who hasn't legal standing in this country; you may have to go back when the problem is clear, or file for a delay.
2007-05-18 06:25:16 · answer #9 · answered by wizjp 7 · 0⤊ 1⤋
i would think so..because there might be a chance that he/she will get deported...which the court may call it an unstable household every state is different but if the husband has citizenship the court will probably favor him more
please seek legal advice....goood luck with everything!!!!!!!!!!!!!!!!!!!!!!!!!!!
2007-05-18 06:28:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋