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You think he can get custody?

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My boyfriend is from Mexico. Hes been here for 20 Years and has 3 kids by his ex. She isn't able to take care of them and tonight she had called because she's in jail for a CDV charged toward her bf. can my bf which is the father get custody of his kids if he can prove she's an unfit mother. He wants custody and wants to take them home to Mexico the thing is he's illegal. Do u think it's possible to get the kids away from her?
by on Jan. 16, 2013 at 9:53 PM
Replies (11-20):
Unoriginal.
by on Jan. 17, 2013 at 6:35 AM
Most likely, no.
The children are US citizens. He is not so taking them to Mexico legally will be difficult.
He needs to be legal before he can do anything
If he has been here for 20 years, aren't the new immigration acts in his favor?
Posted on CafeMom Mobile
MamaPeanut
by Kristy on Jan. 17, 2013 at 1:39 PM
This.

Why hasn't he bother to get legal in 20 years?!?!


Quoting busymom64064:

I have no idea. I would think that they would deport him because he is illegal. Maybe he would have to go to mexico first and then try to get custody through a lawyer down there or something. however, he might have to explain why he has children in the U.S. in the first place.


I dont support illegal aliens in this country. if they cant get into the country the right way, they should not be here in the first place. Sorry, but this is just my honest opinion. This subjec tis a very heated debate so I will just shut my mouth before I ramble even more.


Good luck though

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Page98
by on Jan. 17, 2013 at 2:57 PM

Immigration works by category,

category=each country.

So say for example Mexicans will be able to apply from 2012-2013... Salvadoreans from 2013-2014 and so on.

PLUS the fees are ridiculous. My parents spent over 20k on EACH to become American Citizens, took them about 15 years.

Quoting MamaPeanut:

This.

Why hasn't he bother to get legal in 20 years?!?!


Quoting busymom64064:

I have no idea. I would think that they would deport him because he is illegal. Maybe he would have to go to mexico first and then try to get custody through a lawyer down there or something. however, he might have to explain why he has children in the U.S. in the first place.


I dont support illegal aliens in this country. if they cant get into the country the right way, they should not be here in the first place. Sorry, but this is just my honest opinion. This subjec tis a very heated debate so I will just shut my mouth before I ramble even more.


Good luck though


Unoriginal.
by on Jan. 17, 2013 at 3:04 PM
Didn't the dream act simplify this for people that have been here since they were children?

I don't know much about it, but remember seeing something about it


Quoting Page98:

Immigration works by category,

category=each country.

So say for example Mexicans will be able to apply from 2012-2013... Salvadoreans from 2013-2014 and so on.

PLUS the fees are ridiculous. My parents spent over 20k on EACH to become American Citizens, took them about 15 years.

Quoting MamaPeanut:

This.



Why hasn't he bother to get legal in 20 years?!?!




Quoting busymom64064:

I have no idea. I would think that they would deport him because he is illegal. Maybe he would have to go to mexico first and then try to get custody through a lawyer down there or something. however, he might have to explain why he has children in the U.S. in the first place.



I dont support illegal aliens in this country. if they cant get into the country the right way, they should not be here in the first place. Sorry, but this is just my honest opinion. This subjec tis a very heated debate so I will just shut my mouth before I ramble even more.



Good luck though


Posted on CafeMom Mobile
MammaKoi
by Member on Jan. 17, 2013 at 3:06 PM

If she's a citizen and he's not and he is here illegaly then NO. Best option is take it to a lawyer and go from there. I hope things get figured out quick for the kiddos sake. 

If he has kids that are US citizens and the mother is unfit or in jail to avoid them in the system he can become a citizen  and it should not be hard since he has children in the US that are citizens already. 


Page98
by on Jan. 17, 2013 at 3:07 PM

To be completely honest, Im not 100% sure so I wont comment on that.

My answer is more of the personal case of what I saw my parents go through.

Quoting Unoriginal.:

Didn't the dream act simplify this for people that have been here since they were children?

I don't know much about it, but remember seeing something about it


Quoting Page98:

Immigration works by category,

category=each country.

So say for example Mexicans will be able to apply from 2012-2013... Salvadoreans from 2013-2014 and so on.

PLUS the fees are ridiculous. My parents spent over 20k on EACH to become American Citizens, took them about 15 years.

Quoting MamaPeanut:

This.



Why hasn't he bother to get legal in 20 years?!?!




Quoting busymom64064:

I have no idea. I would think that they would deport him because he is illegal. Maybe he would have to go to mexico first and then try to get custody through a lawyer down there or something. however, he might have to explain why he has children in the U.S. in the first place.



I dont support illegal aliens in this country. if they cant get into the country the right way, they should not be here in the first place. Sorry, but this is just my honest opinion. This subjec tis a very heated debate so I will just shut my mouth before I ramble even more.



Good luck though



lilmama8408
by Gold Member on Jan. 17, 2013 at 3:09 PM
Obama changed imigration laws. Most likely he can't take them legally. After 30yrs old its super hard if not impossible to get citizenship now with new laws. My sil is dating somebody here on a work visa has been for yrs but he just turned 30 amd might get sent home. And if he's not a legal citizen it costs THOUSANDS of dollars to get married.
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emilyelephant
by on Jan. 17, 2013 at 3:48 PM

No, she will just point out in court that he's illegal and they will deport him.

You could marry him like a pp said.  It sounds like he won't have to try hard to prove she's unfit if she's in jail.

TheMommaJessie
by Bronze Member on Jan. 17, 2013 at 4:22 PM

no unless he is here legally he can't get custody

callejon87
by on Jan. 17, 2013 at 4:45 PM

Around here, they don't really do deportations unless someone is convicted of a crime, and it seems to have to be a fairly serious crime at that.  So, I guess I wouldn't see deportation as an issue, but his legal status may be an issue for getting custody.  Has he started the process of becoming a resident? That would probably be a good place to start.  Is there a legal aid office in your area? Family law varies so much I'm not sure you'll get anything accurate from this forum.

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