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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Ex is Illegal, Can She Take Daughter Out of Country

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

    i would like to seek custody of my daughter, both of us are working non criminal decent
    people so i believe i would get equal custody.... my ex is here illegally from mexico...our daughter is born here in USA....my question is:

    can she up and leave the country and take our daughter with her, and if so what are my opitons? it is her opinion that since we are not together that i hae no parental rights whatsoever, this belief has molded her actions and i have bit holes in my tongue for the greater purpose of being in my daughter's life......

    if she was being deported , would the US gov't allow her to take our daughter with her. could i stop this from happening???? my daughter is very caucasion in appearance and would have great difficulty growing up in southern mex. my greatest fear.........please help

  2. #2
    Join Date
    Sep 2009
    Location
    Minneapolis/St. Paul area
    Posts
    497

    Default Re: Ex is Illegal, Can She Take Daughter Out of Country

    Are you established as the legal father?

  3. #3

    Default Re: Ex is Illegal, Can She Take Daughter Out of Country

    If you didn't marry her (giving you automatic parental rights) or establish yourself as the legal father AND pursue a custody order, then as far as the law if concerned, you don't exist regarding the child and mom is free to come and go with the child as she pleases. If you HAVE established rights as the father, then you can seek custody in your local family court (keeping in mind that often people who are willing to get IN illegally are often willing to get OUT illegally too, especially if they anticipate problems at the border).

  4. #4

    Default Re: Ex is Illegal, Can She Take Daughter Out of Country

    there are no caucasian-appearing people in southern mexico?? what do appearances have to do with anything?

  5. #5
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Ex is Illegal, Can She Take Daughter Out of Country

    Quote Quoting ksmom
    View Post
    there are no caucasian-appearing people in southern mexico?? what do appearances have to do with anything?
    its a nice sentiment and here in the USA i m as politically correct as anyone but....southern mexico is a different cultural enviornment where it is very difficult for mixed children,, even mexicans whove lived ooutside for too long are shunned....were not all on the same page developmentally so it is a great concern for me.....

    i am the father on the birth certificate so i believe i am the legal father on record......

  6. #6

    Default Re: Ex is Illegal, Can She Take Daughter Out of Country

    Then you need to get into your local family court ASAP and get visitation legally established, being sure to let the court know your concerns. With that said however, the reality, no matter what the court orders, is that a court's order is an etherial thing - the court can't and won't PHYSICALLY stop her from taking the child to Mexico if that's where she's determined to go. Establishing a custody/visitation order can make it more DIFFICULT for mom to leave with the child via legal methods, but if she's determined to go, a court's order won't stop her.

  7. #7
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Ex is Illegal, Can She Take Daughter Out of Country

    If you are on the birth certificate & no objection to you being on the certificate has been filed then the court will see you as the father until shown otherwise.

    Your daughter is a US Citizen.

    Call INS and report the illegal mother being in the country & file for custody & a protective order to not allow the child to be moved out of state.

    You may be able to call DHS and get your daughter & her on some type of list to insure she does not take the US citizen out of the country ... I don't know if this is possible but I would explore this possibility.


    Of course, you yourself has not said that you are illegally here ... this could complicate matters for you? If so, the mother will likely take the kid back to whatever country she wants while you sit in the US with your mouth shut?

    There is really nothing wrong with the child traveling with her mother to where ever...w/o a court order limiting this activity.

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