Divorce,child, and illegal in USA

[payxibka 10,045]

FWIW, I am not sure she needs a letter from you to depart the USA with the child.....

Edited September 5, 2009 by payxibka

[KarenCee 3]

FWIW, I am not sure she needs a letter from you to depart the USA with the child.....

Depart no...enter another country, it depends. I have to have a letter to ENTER Canada when I visit. Just my experience.

[payxibka 10,045]

FWIW, I am not sure she needs a letter from you to depart the USA with the child.....

Depart no...enter another country, it depends. I have to have a letter to ENTER Canada when I visit. Just my experience.

Unless the child also has a Colombian passport (since dual citizenship is a possibility here but a fact not yet disclosed)

[KarenCee 3]

FWIW, I am not sure she needs a letter from you to depart the USA with the child.....

Depart no...enter another country, it depends. I have to have a letter to ENTER Canada when I visit. Just my experience.

Unless the child also has a Colombian passport (since dual citizenship is a possibility here but a fact not yet disclosed)

True.

[jimnlena 8]

GET A ATTORNEY QUICK!!!!!!!!!!! As I have run into the situation where you come home, and wife and kids gone, 20,000 dollars later Investagators found her in Washington state. This episode with US woman, ended up costing me about 35,000 in legal fee's mainly because there was no order before she left. It was a nightmare part of my life. A temporary order is needed quickly!!

[meowmeowmeow 1]

get a lawyer ASAP, your case seems quite complex and i doubt any advice on this board will help much.

sorry to hear about all this, it truly sound like a mess

[justashooter 430]

FWIW, I am not sure she needs a letter from you to depart the USA with the child.....

child abduction laws have changed in recent years to prevent exactly this kind of occurence.

in any case, get a custody order thru a good atty now. establish a "satus quo", and any change in the situation will be hard for her to arrange. the court will not automatically give her custody. the child is a US citizen and you have documantary evidence that her family will interfere with your relationship with the child. this is enough in a pennsylvania court.

[^KK^ 3]

I'm confused...Russian or Columbian?

[rika60607 215]

That's right, don't file for her AOS, get a divorce and sole custody of the child.

I hope she is smart enough to claim abuse and get herself a GC on VAWA.

What you are doing is abuse:

- withholding AOS so that she can not work and support herself

- planning to take her child away (sole custody eh?)

- recording what's going on in your household without her knowledge - effectively, a set-up.

Children of soft age are traditionally awarded to mothers, so yes, you'll need a lawyer to pull this off and you will need a psychiatrist for your child and yourself if you succeed with your evil plan.

[Deputy Purple 1,294]

That's right, don't file for her AOS, get a divorce and sole custody of the child.

I hope she is smart enough to claim abuse and get herself a GC on VAWA.

Actually abuse or trying to protect himself & his child, it really comes down to a point of view.

She wants their child isolated from him, that is not good parenting.

She has threatened to go "off the grid" living in cramped conditions with the kid and working illegally until she can return with the child to her country where her family would have no problem preventing him from seeing his own child.

She is here illegally.

What you are doing is abuse:

- withholding AOS so that she can not work and support herself

She has made it clear she plans to return to her country, why would he complete the GC EAD process for her?

- planning to take her child away (sole custody eh?)

She has made it clear she intends to isolate the child from him, he's seeking to preserve his "Daddy Rights".

- recording what's going on in your household without her knowledge - effectively, a set-up.

Depending on what state he lives in this might be inadmissable in court or even criminal. He needs to find out if his state is a full disclosure or single consent state for recording phone calls. Really at the start of each phone call he should just say "This call might be recorded, by continuing to talk you are giving informed consent to recording." They'll more than likely ignore his statement but it will serve as consent so he can use it in court in any state.

[rika60607 215]

She has a plan of leaving the country with the child.

If all he wants is to preserve his daddy's rights he should get joint custody and file AOS for her.

That way she will have a choice to stay in the US with the child and support herself.

What you are doing is abuse:

- withholding AOS so that she can not work and support herself

She has made it clear she plans to return to her country, why would he complete the GC EAD process for her?

- planning to take her child away (sole custody eh?)

She has made it clear she intends to isolate the child from him, he's seeking to preserve his "Daddy Rights".

[

[Helmut & Bee 0]

Hello

We have a child(15 months old) that was born in her home country where we lived for 2 yrs. prior. The child has a US passport.

A US court will normally not allow a US citizen child to be taken out of the US in a custody case, unless there is clear evidence that the child will do better in the other country. I doubt Columbia falls into that category. So you might get custody.

Being that the child was born in Columbia, she can use the birth certificate to obtain a Columbian passport for the child. Once she gets the child to Columbia, you are out of luck if you want to get it back, especially if she doesnt want to.

She also doesn't need any documents to walk into Mexico with the child. Once there, she can get on a plane to Columbia.

Watch out and get a good lawer.

H.

[JimVaPhuong 4,863]

Depending on what state he lives in this might be inadmissable in court or even criminal. He needs to find out if his state is a full disclosure or single consent state for recording phone calls. Really at the start of each phone call he should just say "This call might be recorded, by continuing to talk you are giving informed consent to recording." They'll more than likely ignore his statement but it will serve as consent so he can use it in court in any state.

Some states have laws requiring all parties to know that the conversation is being recorded in order for it to be legal. These are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Other states only require one party to know about the recording.

However, most states make exceptions when kidnapping, extortion, or other criminal activity is involved, and where all parties in the conversation may be culpable in the crime. In those cases, the conversation can legally be recorded without anyone involved in the conversation knowing about it, and the recordings are admissible as evidence.

[FranknAiza 0]

Depending on what state he lives in this might be inadmissable in court or even criminal. He needs to find out if his state is a full disclosure or single consent state for recording phone calls. Really at the start of each phone call he should just say "This call might be recorded, by continuing to talk you are giving informed consent to recording." They'll more than likely ignore his statement but it will serve as consent so he can use it in court in any state.

Some states have laws requiring all parties to know that the conversation is being recorded in order for it to be legal. These are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. Other states only require one party to know about the recording.

However, most states make exceptions when kidnapping, extortion, or other criminal activity is involved, and where all parties in the conversation may be culpable in the crime. In those cases, the conversation can legally be recorded without anyone involved in the conversation knowing about it, and the recordings are admissible as evidence.

This is not the OJ Simpson trial. It's cival court. The judge can hear and listen to whatever evidence he wants to. Take Florida off your list, I know as a fact your not correct. Anyway, if this guy is the Child's biological father and his name is on the childs birth certificate, then he can take the child right now and hide it from her if he wants to. Its not kidnapping either. Here is what I would do. Get a lawyer, file for divorce and custody. Now she or him cant take the child out of the country or the State they live in as long as there is a pending case in court involving the custody of the child. If the child is taken from the State or Country, then the parent doing the taking can be charged with kidnapping and an FBI warrant will be issued. Columbia and US have pretty good relations these days, I think they would co-operate with the FBI. Both parents should get joint custody. This can be arranged regardless if she is here or back in Columbia. Vice versa too, maybe this guy is a psycho, I dont know , it will all come out in the divorce hearing. Maybe she will get primary custody? But her immigration status and the custody of the child are 2 different things. But in the end, whats best for the child can help her stay here and even get a visa or greencard without him.

[Usui Takumi 1,562]

That's right, don't file for her AOS, get a divorce and sole custody of the child.

I hope she is smart enough to claim abuse and get herself a GC on VAWA.

What you are doing is abuse:

- withholding AOS so that she can not work and support herself

- planning to take her child away (sole custody eh?)

- recording what's going on in your household without her knowledge - effectively, a set-up.

Children of soft age are traditionally awarded to mothers, so yes, you'll need a lawyer to pull this off and you will need a psychiatrist for your child and yourself if you succeed with your evil plan.

#######, really uncalled for. Talk about jumping to conclusions.