Wife Neglects Visitation

My question involves a child custody case from the State of: California

Myself and my wife are both 26. We are separated right now. She lives with a former ropmate and I live with some friends. We have a 2 year old daughter. We are separated, but nothing is official - meaning we have not seen a lawyer. She lives with my wife, who is a great mother. She goes to school, has a part time job, and still takes cares of my daughter. We live 20 miles from each other. My job requires me to work nights (9pm-5am) so I see my daughter during the day before I go to work, not everyday though. We never went to get a divorce primarily because when I met my wife she was an illegal citizen and I was afraid divorce would take away her citizenship and force her out of the country which would complicate matters for my daughter . Until recently things have went smoothly, us getting along and me seeing my daughter . One of the problems in our marriage was that if me and her ever got into an argument, a bad one where she decided to stay with a friend, her older brother would call me and threaten me. It was like I had to answer to him when things were bad between me and her. I NEVER hit my wife, our arguments were always verbal. Last night her brother decides to call and butt in on what's going on with me and her, and I told him that I don't answer to him and I'm not married to him. So he threatens me with assault the next time he's in town, which he's on his way now. Anyways on top of all this, my wife blocked my calls and will not let me see my daughter. I give her $300 a week for living, so I can't understand why she won't come see me. What should be the next action I take? Should I go see a lawyer? Thanks

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Should I go see a lawyer?

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YES!

You need to get custody and visitation arrangements worked out now, so she can't continue such shenanigans.

So you are assisting her in illegally presenting a marriage situation that does not exist, so she can receive citizenship!!! You must have been “living in marital union” with the citizen spouse, for the three years immediately preceding the date of examination on the application. Hopefully, you have someone to take care of your child, if you are in prison and your wife has been deported. I suggest you go to court and file for sole custody, to prevent her from removing the child from the country and report her status to immigration.

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Quoting Marine3084

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One of the problems in our marriage was that if me and her ever got into an argument, a bad one where she decided to stay with a friend, her older brother would call me and threaten me. It was like I had to answer to him when things were bad between me and her. I NEVER hit my wife, our arguments were always verbal.

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I suggest you get a lawyer. From where I sit, something about this just doesn't sound right and makes me skeptical about your truthfulness. I don't have a survey of the number of times spouses have a bad enough fight that is strictly verbal such that they leave the house and spend the night elsewhere, but certainly this doesn't sound like your run of the mill marital spat. And something about what the brother is hearing is making him very angry.

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Quoting Marine3084

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What should be the next action I take? Should I go see a lawyer? Thanks

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Yes, absolutely.

Dad, could you please elaborate as to your wife's current immigration status?

As for my wife's immigration status, all I know is that she was given a social security number, a green card, and she was able to get a driver's license. This past July, the government sent a letter requiring her to pay $600 to make her status official I believe which was never paid. That's all I know about that.

As for her brother, like I said, I NEVER hit my wife or threatened her. When me and her got into bad arguments, she would leave for the night with my daughter. She would call her mom, who lives in another country, and talk to her about what's going on. Her mom would then call the brother, or the "enforcer" as I jokingly call him, and he would then call me and want to know what's going on. He would then go on to say "if this or this doesnt happen, then this will happen"

Did you sponsor her residency? There is a reason I'm asking about this which could change your situation dramatically.