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CP illegal alien, NCP legal alien, child US citizen

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cincsu

Member
What is the name of your state?What is the name of your state? California

We have a situation where the CP is an illegal alien, NCP is a legal alien and the child is a US citizen. CP and NCP share joint legal custody.

What would happen to the child if the CP leaves the US and is not allowed back in because they are an illegal alien? If the NCP wants to remain in the US and obtain full legal custody of the US citizen child when the CP does not return would the NCP be granted custody or would the courts force the NCP to send the child to the other country to live with the CP?
 


MinCA

Member
Wow, this sounds dead-on to a friend of mine. And in the same state!

First off, the US will NOT send an minor US citizen to live in another country.

Second, if the CPs passport/visa has expired and she (sadly, with the rate women are given custody and fathers left in the dark, I will have to assume the CP is the mom) leave the country, she's going to have a hell of a time getting back in. Though it is possible to request permission to reenter on grounds that she has a child here and a court order for primary custody.

Ambr, it's tough getting an ex deported. My friend's ex is abusive as hell to the kid, beats him, has 17 substantiated counts of child abuse on this boy in the last YEAR ALONE!! She had no interest in the child until her visa expired. Then che abducted him to get custody, which worked. She's not the CP and it's been proven in court that she's illegal, using falsified government documents, such as a fake driver's license, someone else's social security number, and so on. The freaking FBI has literally been in court on this case! Still she hasn't been deported because of the child and having primary. So don't think it's so easy to get an ex deported, even if that seemed an option.
 

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