[lenyy1]

:
My sister doesn't know what to do in her case, that's why I am writing to you ,hopefully you can help her.
My sister and her ex-husband are mexican, even though my sister is american permanent resident since she remarried with an american citizen 8 years ago.
She got divorced 9 years ago from her ex-husband now, with who she had two kids -now 14 and 12 years old- then she remarried an american citizen and has one child -5 years old-
In those 9 years her ex-husband never look after their kids in any way, I mean no having any communication even by phone or sending some money for their support. On the other hand since a couple of months ago her ex suddenly started sending emails to my sister asking about the children, My sister as always thinking on their kids, she started talking to their kids about it and trying and convincing their children to write to him, because at the beginning they weren't interested after their absence in all those years.
The problem now is that he says he has a lot of money and wants the kids to live with them , but neither the kids nor my sister want that to happen so he threatened my sister so he will ask for the custody of the children and take them away from her, since he has more money than my sister does.
My question is what can she do in order to avoid him from taking their kids away from her . My sister and their children are american permanent residents and her ex-husband told my sister he can't enter to the states, she does not know why, in this case can he still ask for the custody ,
Please tell me some advise so I can tell my sister, she is having a very difficult time

[cdad]

So long as she falls under american law then she should go get a lawyer and apply for full custody of the children. That way there are ramifications should he try anything. Also she should try for child support and she should keep everything he sends her.. threats and talks of money etc and take it to court with her. The U.S.has treaties with mexico for child support collection. Also it may pave the way for adoption by your current husband. Again she really needs to see a lawyer to get this straightened out.

[cadillac59]

I don't think your sister has anything to worry about and she should simply ignore her ex.

If he cannot even enter the US and she and the kids live here, how is he ever going to prosecute an action for custody? ANSWER: It's not going to happen (the case would have to be filed where your sister and the kids live if he was the one who moved away by the way). It's all a bluff.

Even if the dad did come to the US and file a custody action, in California for example, money has nothing to do with deciding custody. You don't get custody because you have a bigger house and a pool in the back yard.

Again, tell your sister to ignore the guy. That's what he's done regarding the kids all these years.