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  1. #1
    Join Date
    Jun 2011
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    Default Getting a Custody Order During Divorce from a Pregnant Wife

    My question involves a child custody case from the State of: Arizona
    I am leaglly married .. I have a 3 year old and my wife is 3 months pregnant. We cannot be together due to constant fighting and i dont want my kids growing in unsafe environment is better for us to get a divorce. We have a mortgage on a home. She has been suicidal and has been taken by the crisis team to a mental health facility multiple times and diagnosed with mental disorders and is taking medication . . i want to be there to help her but she becomes violent towards me and i cannot take it any longer. I do not want to leave and abandon her and my daughter . . . i dont want to file a restraining order . .. i would like to leave but dont know what the best way of doing it. . should i leave and continue to pay mortgage and the bills and give her money for the child . ..that would leave me broke no money for me to rent apartment .. i dont want that to look bad when i comes to custody in court or something . i would not want to kick her out of the house she doesnt have anywhere to go and neither do i . . i would like to take my daughter with me but dont know what to do . .should i fight for my daughters full custody?? What about unborn child?? what are my responsibilities during a separation or divorce while she is pregnant?? Any advise helps i know all this is very complicated. Thank you

  2. #2
    Join Date
    Apr 2009
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    Default Re: Pregnant Wife Divorce

    Quote Quoting jovanbeltran
    View Post
    My question involves a child custody case from the State of: Arizona
    I am leaglly married .. I have a 3 year old and my wife is 3 months pregnant. We cannot be together due to constant fighting and i dont want my kids growing in unsafe environment is better for us to get a divorce. We have a mortgage on a home. She has been suicidal and has been taken by the crisis team to a mental health facility multiple times and diagnosed with mental disorders and is taking medication . . i want to be there to help her but she becomes violent towards me and i cannot take it any longer. I do not want to leave and abandon her and my daughter . . . i dont want to file a restraining order . .. i would like to leave but dont know what the best way of doing it. . should i leave and continue to pay mortgage and the bills and give her money for the child . ..that would leave me broke no money for me to rent apartment .. i dont want that to look bad when i comes to custody in court or something . i would not want to kick her out of the house she doesnt have anywhere to go and neither do i . . i would like to take my daughter with me but dont know what to do . .should i fight for my daughters full custody?? What about unborn child?? what are my responsibilities during a separation or divorce while she is pregnant?? Any advise helps i know all this is very complicated. Thank you

    I have a question.

    Is this the same lady you sponsored? Using the I-864? And she's not a US citizen...correct?

  3. #3
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    Jun 2011
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    21

    Default Re: Pregnant Wife Divorce

    yes

  4. #4
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    Default Re: Pregnant Wife Divorce

    Ok, then I'm going to recommend getting an attorney IMMEDIATELY. In the meantime though...

    I know we've briefly touched on it in the past, but you have - in my opinion - what is perhaps an issue that goes deeper than divorce.

    That I-864 is now permanent. That essentially means that you (or other sponsors) can be forced to support your wife per the affidavit of support. Even if you get custody, she can still sue to gain financial support. In all of the cases I've read so far (and there are many), every single one has gone in favor of the sponsored immigrant.

    Now in terms of custody, has she been the primary caregiver? I don't mean financially, I mean has she stayed home while you're at work.

    Let's start there and see what we can do.

  5. #5
    Join Date
    Jun 2011
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    21

    Default Re: Pregnant Wife Divorce

    She has been at home taking care of her but the police have come out multiple times and she has been sent to mental health facilities multiple times so i might get custody and all that... if she becomes a citizen or her 10 year residency expires that ends the mandatory support correct? i am not planning on just kicking her out to the street or anything like that i want to help her with her mental disease. i went to an attorney and they suggested i get an order of protection to get her out of the house but i dont want to do that, i feel its ****ed up since she is sick. I have opted for petitioning her to mental health facility since she becomes a danger to herself and others and i am trying to protect my daughter. we have a home mortgage together . .how does one get to keep the house .. she want to sell it but i want to keep it i guess all that gets decided in court and costs more money to get it resolved right?

  6. #6
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    Apr 2009
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    Default Re: Pregnant Wife Divorce

    The obligation only ends when one (or more) of things happen:

    1. She dies
    2. You die
    3. She becomes a citizen
    4. She leaves the country and abandons her LPR status
    5. She earns enough qualifying quarters.


    When you said "I have opted for petitioning her", you need to explain more. When did you file whatever it was?

  7. #7
    Join Date
    Jun 2011
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    21

    Default Re: Pregnant Wife Divorce

    petition to get her a mental health evaluation since she is a danger to her self and others. I filed that and the police took her to the doctor to get evaluated about a month ago. what about the house

  8. #8

    Default Re: Pregnant Wife Divorce

    What about the house? Well...it depends. What do YOU want to happen with the house? If she's going to continue to live there with your children, can she afford it with you paying child support? If not, are you willing to pay more for them to be able to stay there? Are you willing to sell the house as part of the divorce and split the money?

    After ANY time when she's been taken in an evaluated for mental health issues, have you left the child alone in her care? What was the result of the last time the police took her in?

  9. #9
    Join Date
    Apr 2009
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    Default Re: Pregnant Wife Divorce

    Quote Quoting jovanbeltran
    View Post
    petition to get her a mental health evaluation since she is a danger to her self and others. I filed that and the police took her to the doctor to get evaluated about a month ago. what about the house
    No, I need more than that.

    If she was determined that she was a danger to herself and/or others, what happened?
    What was her diagnosis?
    Why didn't child services or anyone else get involved?
    Why have you let the child remain in her care?

    I'm trying to get a complete picture.

  10. #10
    Join Date
    Jun 2011
    Posts
    21

    Default Re: Pregnant Wife Divorce

    she was evaluated and was inpatient for a week at a mental health facility and released she was given medication emotional border line disorder. . . and was told to go to therapy and to a psychiatrist not court ordered... no... child services did not get involved i have been taking care of my daughter . .she still cares for my daughter when she was released she was not prohibited from doing so . ..

    - - - Updated - - -

    i know in my state everything is 50/50 . . i want my daughter to stay with me and i want to keep the house she does not want to stay in the house but she wants to sell it and split it .... she says she wants to go to some sort of shelter.. her family lives in mexico but she doesnt want to go with them.. her family knows of the situation and have witnessed her behavior and understand she is very depressed and want to help her out too. . .i dont want to kick her out but she is leaving me no option i want my daughter to be in a safe environment

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