jimmie_lee
Junior Member
What is the name of your state? - Arizona
I have two children whose father a) has not seen them in over a year and a half b) has neglected to pay any child support before and even after it was court ordered and c) did not follow through with any court ordered or arranged visitations.
His visa had expired while we were together and as our relationship/marriage was falling apart, I decided that I had enough of him, and had refused to help him renew his green card, he decided to leave us-- basically, he abandoned my children and I. I didn't know where he was for MONTHS, therefore, I filed for divorce and was going for the whole default ruling.
He shows up suddenly with an attorney-- the day of the default hearing. He claims that I had been trying to fly under the radar and divorce him and keep the kids from him. Completely not true. I had tried to contact him through various parties, but had no luck.
To make a long story short, we were granted the divorce and I had agreed to let him see the children on a monthly basis (he was living out of state at the time)-- with supervised visitation. He never made the first visit, because I wouldn't agree not to talk to his girlfriend whom he had beat up not once, but twice (and he was currently facing charges for this).
Since February of 2007, he had been detained in jail for a violent crime and also for probation violation from a previous violent crime. He wasn't granted bail because the judge deemed him an "extreme public risk". He was detained by ICE (for the second time) and was recently deported back to his native country.
I just received a notice in the mail that he is taking me back to mediation-- he wants visitation with the children (aka me to bring them to his country since he is barred from entering the United States). I know this probably won't fly with the court, but I feel in a way they are siding with him. I get a bit angered because he constantly lies about things in court, and although I had hard evidence of the contrary, they seem to believe him. I know I'm dealing with an attorney (his own) and a judge who are completely ignorant when it comes to immigration law (the judge admitted this) and I'm wondering if they even have the right to hear any bit of this case.
As of now, the court order stands that he is allowed visitation in the town where we reside, and telephone contact twice a week.
Being he was deported, what are his rights?
Also, what sort of chance do I stand for having his parental rights terminated, being that he abandoned his family, was absent (and really still is) for a lengthy amount of time, and was deported due to repeated violent crimes?
I have absolutely no money for an attorney and have been going at it myself all along (and have done surprisingly well). Another question I have is how hard would it be to subpoena his records from the Department of Homeland Security if I need to show them in court why he was detained twice and why he was forced to leave-- and how would I go about doing this?
Thanks!
I have two children whose father a) has not seen them in over a year and a half b) has neglected to pay any child support before and even after it was court ordered and c) did not follow through with any court ordered or arranged visitations.
His visa had expired while we were together and as our relationship/marriage was falling apart, I decided that I had enough of him, and had refused to help him renew his green card, he decided to leave us-- basically, he abandoned my children and I. I didn't know where he was for MONTHS, therefore, I filed for divorce and was going for the whole default ruling.
He shows up suddenly with an attorney-- the day of the default hearing. He claims that I had been trying to fly under the radar and divorce him and keep the kids from him. Completely not true. I had tried to contact him through various parties, but had no luck.
To make a long story short, we were granted the divorce and I had agreed to let him see the children on a monthly basis (he was living out of state at the time)-- with supervised visitation. He never made the first visit, because I wouldn't agree not to talk to his girlfriend whom he had beat up not once, but twice (and he was currently facing charges for this).
Since February of 2007, he had been detained in jail for a violent crime and also for probation violation from a previous violent crime. He wasn't granted bail because the judge deemed him an "extreme public risk". He was detained by ICE (for the second time) and was recently deported back to his native country.
I just received a notice in the mail that he is taking me back to mediation-- he wants visitation with the children (aka me to bring them to his country since he is barred from entering the United States). I know this probably won't fly with the court, but I feel in a way they are siding with him. I get a bit angered because he constantly lies about things in court, and although I had hard evidence of the contrary, they seem to believe him. I know I'm dealing with an attorney (his own) and a judge who are completely ignorant when it comes to immigration law (the judge admitted this) and I'm wondering if they even have the right to hear any bit of this case.
As of now, the court order stands that he is allowed visitation in the town where we reside, and telephone contact twice a week.
Being he was deported, what are his rights?
Also, what sort of chance do I stand for having his parental rights terminated, being that he abandoned his family, was absent (and really still is) for a lengthy amount of time, and was deported due to repeated violent crimes?
I have absolutely no money for an attorney and have been going at it myself all along (and have done surprisingly well). Another question I have is how hard would it be to subpoena his records from the Department of Homeland Security if I need to show them in court why he was detained twice and why he was forced to leave-- and how would I go about doing this?
Thanks!