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Child Custody and Taking Children Out of the Country

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  • 10-28-2012, 04:54 PM
    lindacrustu
    Child Custody and Taking Children Out of the Country
    My question involves a child custody case from the State of: Illinois


    I live in Chicago and am a white northern European female. My baby girl is due in March. I am concerned that if my ex and I get split custody of the child issued by court, he will take the child away to Pakistan (where he is from as well as his fundamentalist family).

    - What are the laws regarding that?

    - In addition, how do I go about making a simple court order, do I call the court? (I don't have money for a lawyer and he does).

    -Are the child custody laws only emphasized in America. So can he just espcape the country with my daughter, and as long as he doesn't come back to the US, he can't get arrested?

    Can infants have passports, can he just take the infant out of the country? He threatened that he’d sell the baby girl for “good money” to a wealthy man to marry in Pakistan because he claims lighter skinned American girls are worth “tenfold.”


    If anyone knows anything and can help me out, that would be so very wonderful and greatly appreciated. I'm scared that I might never see my daughter again if this happens because he's been threatening to do this to me along with many other harrassments. He "had" a drug record I recently found out, but he paid a police officer off to take it off his record. I feel hopeless because I am not as manipulative as him. Any type of information would be so appreciated.

    (On a side note, I left him because he was manipulative, physically, and verbally abusive, and I found out he’s a con artist that does illegal things. He lied about where he worked and he hides many things. I moved away so he doesn’t know where I live but I’m terrified he’s going to show up by my work and put a tracking device on my car, that’s like him to do those types of things).
  • 10-28-2012, 04:59 PM
    shortie
    Re: Child Custody and Taking Children Out of the Country
    You need to tell a few important details:

    Are you a U.S. citizen yourself? Is he?

    Were you and this man married (or are you still married)?
  • 10-28-2012, 06:05 PM
    aardvarc
    Re: Child Custody and Taking Children Out of the Country
    Quote:

    Quoting lindacrustu
    View Post
    - What are the laws regarding that?

    Depends on the answers to Shortie's questiona above. Generally, your consent would be needed, even if married. If NOT married, dad has no enforceable rights until he establishes them in court.

    Quote:

    - In addition, how do I go about making a simple court order, do I call the court? (I don't have money for a lawyer and he does).
    A court order for what? Your options depend on dad's LEGAL status regarding the child. (if you two were married or paternity was otherwise established, and if there are any standing court orders for visitation)


    Quote:

    -Are the child custody laws only emphasized in America.
    American authorities can enforce American laws on American soil, including issuing or denying a passport if certain conditions are present.


    Quote:

    So can he just espcape the country with my daughter, and as long as he doesn't come back to the US, he can't get arrested?
    Not by American authorities he can't. Best prevention is to control his access to the child, via court order AND by you holding the child's passport and tagging the child as "at risk" for abduction. Read this:

    http://travel.state.gov/abduction/pr...ntion_560.html

    Quote:

    He threatened that he’d sell the baby girl for “good money” to a wealthy man to marry in Pakistan because he claims lighter skinned American girls are worth “tenfold.”
    Any witnesses to those threats that are willing to appear in court, or evidence of them (messages, letters, etc.)? This kind of thing would be VERY helpful if seeking a protection order or to combat visitation or to seek to have any visitation supervised.


    Quote:

    He "had" a drug record I recently found out, but he paid a police officer off to take it off his record.
    No, he didn't. Police officers don't have the ability to do this - arrests create records not only for police, but also for CORRECTIONS offices (the jail) and the COURTS. Police officers don't control the OTHER branches of the criminal justice system who ALSO deal with those arrested. Once an arrest is entered, that record exists forever, and only a JUDGE can order that the record be expunged (and even then, it doesn't disappear from ALL law enforcement records). He may be telling you stuff like this so that you fear his abilities or "connections" - but if he told you that a police officer erased an arrest, he's lying to you.



    Quote:

    I moved away so he doesn’t know where I live but I’m terrified he’s going to show up by my work and put a tracking device on my car, that’s like him to do those types of things).
    Are you working with your local domestic violence program to get a solid personal safety plan in place? If not, you need to do this ASAP. They can also provide guidance on your local processes for protection orders, how to file for custody/divorce, etc.

    You can find Illinois resources here:

    http://www.aardvarc.org/dv/states/ildv.shtml
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