Non-U.S. citizen rights to custody and alimony.

[knurse]

What is the name of your state?California

I have been married to a man for the past 11 years, during this time he has been to prison 3 times for a total of 9 years. We have 1 daughter together (Age 12). I filed for divorce Jan 04, it was denied and sent to mediation. He now wants partial custody of my child when he gets released in 2007 (3rd time convicted drug felon), he also wants alimony from me. Does a non-U.S citizen (Cuban citizen, INS deported) have these rights?

 

[bulldogg70]

He sounds like a winner, when did you realize that it was time to go. What is more interesting is how did your divorce get denied in Ca. Is that not a no fault divorce state.

 

[knurse]

I finally started the divorce proceedings when I realized that I was procrastinating over something I had wanted to do for a long time, it's easy to forget about a person when they are in prison, and no communication is taking place.

The divorce was sent to mediation because I wanted full custody and no visitation rights be granted to the father. So now we are going to mediation on the 7th of January to come to some type of compromise.

My main question is "Does a 3 time felon, non-U.S. citizen have any custodial rights over an American citizen/my daughter, and is he entitled to alimony"?

 

[I AM ALWAYS LIABLE]

My response:

It's not going to happen for him. At best, he'll get supervised visitation, and that's only when he's allowed to come back for visitation.

But, him being able to take the child without supervision, or to take her out of the country, is only a pipe dream for him. There's no way that's going to happen.

The court ordered you into mediation only as a standard prerequisite to hash out any existing issues before trial. It doesn't mean that anything HAS to be agreed. It's only a "stop gap" measure.

IAAL