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  1. #1

    Default Divorce from a Deported Spouse

    My question involves a marriage in the state of: Colorado, I married in 2004 a man from Mexico. He was deported in 2007, I gave birth to our second child in 2007 and in 2009 trying to save our marriage moved to Mexico with my children. I found out shortly after that he lives a double life. he is a closet gay. I moved back home June of 2014 and asked for divorce which he does not contest. What he is fighting me on is our children. He is barred from the US and in order to see them he wants me to send them down there. Both children ages 8 and 10 have stated they do NOT want to return to Mexico. I and my children are u.s. citizens. What can I do?

  2. #2
    Join Date
    Apr 2009
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    Default Re: Divorce from a Deported Spouse

    You have absolutely no obligation to send the children down to Mexico. If he cannot legally enter the US, that's his problem - not yours.

    See an attorney asap, file for divorce and request sole physical and legal custody and no visitation unless it takes place in the US and it is agreed upon by you and is professionally supervised ... and he can pay for the supervision.

    (If you've already filed, make sure your complaint is amended)

    Mexico has a very poor reputation in terms of assisting US parents retrieve their children. You do not have to agree to his demands. Just make sure you do file if you haven't already.

  3. #3
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Divorce from a Deported Spouse

    Quote Quoting Gayleneleeann
    View Post
    My question involves a marriage in the state of: Colorado, I married in 2004 a man from Mexico. He was deported in 2007, I gave birth to our second child in 2007 and in 2009 trying to save our marriage moved to Mexico with my children. I found out shortly after that he lives a double life. he is a closet gay. I moved back home June of 2014 and asked for divorce which he does not contest. What he is fighting me on is our children. He is barred from the US and in order to see them he wants me to send them down there. Both children ages 8 and 10 have stated they do NOT want to return to Mexico. I and my children are u.s. citizens. What can I do?
    Also, you do not need his cooperation to get a divorce or custody of your children. It just won't be non contested.

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