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    Linnette1973's Avatar
    Linnette1973 Posts: 36, Reputation: 0
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    #1

    Jan 17, 2012, 01:48 PM
    Can the ex-wife get custody? She's an illegal immigrant here in the US
    Ok, Here is the situation my friends are in.

    Bill has remarried and has 2 children from his previous marriage. During the divorce proceedings the parents agreed to not indicate they had children to avoid any custody battle. So as agreed the children live with their father because the mother wasn't financially able to support them.

    The children do see their mother on a regular but she doesn't provide any financial support for them since the divorce 5 years ago.

    Now, the mother which is the non-custodial parent is filing for custody for 1 of their 2 children (11 year old girl) since she says she is ready to be a mom now.

    Well she is an illegal immigrant since their divorce her green card expired 5 years ago and she's been using her married. She recently had to get a Doctor from the hospital where she works to get her birth certificate from the Philippines.

    I don't think she can be granted custody because she is in the US illegally for one. She has not informed her attorny of this fact.

    Trying to figure out what could possibly happen in this situation.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 17, 2012, 02:18 PM
    Quote Originally Posted by Linnette1973 View Post
    Ok, Here is the situation my friends are in.

    Bill has remarried and has 2 children from his previous marriage. During the divorce proceedings the parents agreed to not indicate they had children to avoid any custody battle. So as agreed the children live with their father because the mother wasn't financially able to support them.

    The children do see their mother on a regular but she doesn't provide any financial support for them since the divorce 5 years ago.

    Now, the mother which is the non-custodial parent is filing for custody for 1 of their 2 children (11 year old girl) since she says she is ready to be a mom now.

    Well she is an illegal immigrant since their divorce her green card expired 5 years ago and she's been using her married. She recently had to get a Doctor from the hospital where she works to get her birth certificate from the phillipines.

    I don't think she can be granted custody because she is in the US illegally for one. She has not informed her attorny of this fact.

    Trying to figure out what could possibly happen in this situation.

    What? They lied when they got divorced, saying they didn't have children? So they both committed what could be felonies.

    Just about anything could happen. I'm assuming the father knew she was an illegal and did nothing about it? Now that it suits his purpose he's ready to blow the whistle on her? The Court is also going to see that. Would she get permission to stay in the US? Possibly.

    If this goes to Court they BOTH have to get around filing false affidavits.

    They BOTH need lawyers with a lot of experience - I see problems all the way around.
    Linnette1973's Avatar
    Linnette1973 Posts: 36, Reputation: 0
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    #3

    Jan 17, 2012, 02:52 PM
    In response to JudyKay Tee well he married her while he was in the military and she became legal that way. He's had no issue with her being illegal but he's afraid if she's granted custody she'll take the kids to the Philippines which she's already threatened to do.

    I have no idea why the hell they'd lie in court during their divorce if I were in contact with them at that time I would havd advised against.

    You're right it's a seriously screwed up situation hard to say how it will turn out.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 17, 2012, 04:16 PM
    Yes being illegal will not stop her from getting custody, and currently the US is not deporting illegals who have children in their custody that are legal.

    So her being illegal while it may be allowed into evidence depending on the judge, may or may not have any bearing.

    But yes people who are not legal here in the US do get and have custody of their children
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 17, 2012, 04:25 PM
    - And someone posted not too long ago about an "illegal" wife who was deported to Mexico... and she CHOSE to take the children with her. Apparently if the mother is illegal and has custody the children go with her.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jan 17, 2012, 09:28 PM
    Quote Originally Posted by JudyKayTee View Post
    - And someone posted not too long ago about an "illegal" wife who was deported to Mexico ... and she CHOSE to take the children with her. Apparently if the mother is illegal and has custody the children go with her.
    Makes sense.

    On the other hand, when the custodial parent moves from one state to another, the NCP can object if his or her visitation rights are adversely affected. It should go the same way if she moves to a foreign country, voluntarily or not. So he must not have done anything.
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