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Complicated Question on Divorce, Custody, immigration in One situation

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CynthiainSPS

Junior Member
What is the name of your state (only U.S. law)? Georgia

Ok this is actually a question for a friend of mine. He has recently seperated from his wife of 18 years. They were married in Honduras and have 5 children. 3 of those children are illegal immigrants and have received orders of deportation and 2 are US born citizens. The three older girls are ages 17,16, and 13 and the younger are 6 and 3. The parents are in the US under Temporary Protected Status and are from Honduras where the older children were born. My friend caught his wife with another man(infidelity) now she is using the children as a weapon against him and saying incredibly horrible things to them. Last night he had the two younger children with him(they have no custody orders on either side yet and are still married) and he kept them over night. She threw a fit and said that she was going to have him arrested and that he could not keep the kids overnight because he is a man, blah blah. He is their father and I would think he has rights to. She is threatening him that she is going to have him charged with kidnapping and the two oldest children are out of control. My biggest question is how does he file for custody of the two younger kids and does the US courts have juristiction over the three older children since they are Honduran citizens and not US citizens and do not have a legal status and in fact have been ordered deported? He has asked me to take the children to Honduras or call immigration to tell them where they are so that they will be deported and returned and that part of the alienation of him as father will be solved temporarily since she won´t return to Honduras even for the kids. Second how does he file for an order for the younger kids and for divorce? I think if I am not mistaken it is a pendente lite order while the divorce is in process right? Boy this is a mess...and he needs a lawyer quick, but if you can tell me something so I can give him something to look at
:confused:
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Georgia

Ok this is actually a question for a friend of mine. He has recently seperated from his wife of 18 years. They were married in Honduras and have 5 children. 3 of those children are illegal immigrants and have received orders of deportation and 2 are US born citizens. The three older girls are ages 17,16, and 13 and the younger are 6 and 3. The parents are in the US under Temporary Protected Status and are from Honduras where the older children were born. My friend caught his wife with another man(infidelity) now she is using the children as a weapon against him and saying incredibly horrible things to them. Last night he had the two younger children with him(they have no custody orders on either side yet and are still married) and he kept them over night. She threw a fit and said that she was going to have him arrested and that he could not keep the kids overnight because he is a man, blah blah. He is their father and I would think he has rights to. She is threatening him that she is going to have him charged with kidnapping and the two oldest children are out of control. My biggest question is how does he file for custody of the two younger kids and does the US courts have juristiction over the three older children since they are Honduran citizens and not US citizens and do not have a legal status and in fact have been ordered deported? He has asked me to take the children to Honduras or call immigration to tell them where they are so that they will be deported and returned and that part of the alienation of him as father will be solved temporarily since she won´t return to Honduras even for the kids. Second how does he file for an order for the younger kids and for divorce? I think if I am not mistaken it is a pendente lite order while the divorce is in process right? Boy this is a mess...and he needs a lawyer quick, but if you can tell me something so I can give him something to look at
:confused:
This is an incredibly complicated situation that requires both a family law attorney and an immigration attorney working together. There are 5 children to worry about not just two, and the welfare of all of them is equally important.
 

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