I have been living in the usa with an expired visa for the last three years. The father of my two children has been living the same way for the past 10. I have decided that i want to leave the country but he still wants to stay and he refuses to sign the passport release for the children. I am the primary care giver of the children even though we live in the same house. He cannot take care of them both financially or physically without me. Under ga law, I automatically have custody because we have never been married and he has never legitimised them, but there does not seem to be a way round the passport. I do not want to live under the stress of wondering what will happen with the new immigration laws that are being put into place and not knowing what will happen if or should i loose my job. I know the children will be better off at home and thus their best interest, but how can i prove this to the judge in court. I cannot afford a lawyer especially since I am trying to save money for the move. And do not know what kind of paperwork i should be using since there is nothing out there for my situation. If the judge refuses that i cannot leave with the children, does he automatically give the father custody or just let me know as long as i am here I can have custody. I do not know where to turn for help and lawyers are asking me for $3000+. I feel like i am being held hostage with another illegal immigrant. What would happen if instead of going to petition for custody, i contacted immigration and reported both of us or rather (somebody did). I would be willing to accept voluntary deportation with my kids who are us citizens but would they allow me or would they put them in foster care even though i am willing to leave with them. Any suggetions please.