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mother of 2 trying to get custody

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vvianmar

Junior Member
What is the name of your state? California.
I have been in the Us for 2 years.I am married now to a us citizen. I have 2 daughters of a previous marriage . My ex recently remarried in Texas. He is living now there. I asked him for his signature so I can get the ins (inmigration) papers of the girls.They were born in Mexico. He doesn't want to sign. My husband loves the girls and he would like to adopt them. I asked my ex if he would consider that since he has never sent any child support for them. He doesn't want to, he says he prefers to start sending something. Still he won't sign the papers for the ins and that prevents my children to go to Mexico and visit their family.I think it is very selfish of him,that's why I think I should file for sole custody and do the ins paperwork without his opinion. If that's not possible,I don't work,my husband does.With 2 girls(one of them autistic) and a new baby I am a stay-home mom. Is my husband's income in consideration for the child support? or is just my ex's income ?Help please!:confused: mother of 2 trying to get custody
 
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VeronicaGia

Senior Member
It isn't selfish of him. He may think you will take the kids back to Mexico and never see them again.

Your only option is to go to court.
 

vvianmar

Junior Member
VeronicaGia said:
It isn't selfish of him. He may think you will take the kids back to Mexico and never see them again.

Your only option is to go to court.
Actually, I could take the girls back to Mexico anytime,They couldn't come back to the US is the problem. He lives in Texas now and he goes to Mexico back anf forth to visit his family. I have kept contact with them for the past 2 years in good faith, letting the girls talk to them so they wouldn't forget them. I ask for his signature when he was still in Mexico so the girls could go see him. Not even that was a good argument for him. Don't you think a judge could say that's selfish? He say NO just because he doesn't want to. Is that enough reason for me getting custody?
 
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vvianmar

Junior Member
I have another question. He lives in Texas and we live in California. Which estate takes care of this? I know there are different formulas for child support. In this case would be California or Texas? Would my husband income be involved? I don't work.
 

VeronicaGia

Senior Member
vvianmar said:
Actually, I could take the girls back to Mexico anytime,They couldn't come back to the US is the problem. He lives in Texas now and he goes to Mexico back anf forth to visit his family. I have kept contact with them for the past 2 years in good faith, letting the girls talk to them so they wouldn't forget them. I ask for his signature when he was still in Mexico so the girls could go see him. Not even that was a good argument for him. Don't you think a judge could say that's selfish? He say NO just because he doesn't want to. Is that enough reason for me getting custody?
***No. You are talking about two separate issues here. If neither of you has custody, either of you could file. No one can tell you what a judge will or will not decide.
 

VeronicaGia

Senior Member
vvianmar said:
I have another question. He lives in Texas and we live in California. Which estate takes care of this? I know there are different formulas for child support. In this case would be California or Texas? Would my husband income be involved? I don't work.
If you and the children live in CA then that is where you will file. He could argue jurisdiction since he is not a resident of CA though.

And, if you do not work the judge can either impute income to you or can take your husbands income into consideration. A judge will only do this if you are voluntarily unemployed or undermployed, which you are.
 

vvianmar

Junior Member
I see. One of my children is autistic and that's the principal reason I don't work since I have to take her to 3 different therapies during the wwek, plus school. So, is not like I don't want to but more like I can't if I want My girl to have a chance. I am just wondering if my husband's income will be take in cionsideration 'cause I know a friend who file for child support and between her husband and her income it was more thatn her ex's. The judge ruled very low cs and they actually have to send him $ when the girls are with him.
 

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