Can My Husband Take Away Our Son?

I'm married to an illegal immigrant (who's working in the US illegally) for 7 years his work visa expired and he procrastinated to do his papers so he can stay in the country. I'm an american citizen but I don't feel like I want to sign any of his papers now because I'm currently separated from my husband.
My spouse told me he didn't love me anymore so me and my son flew back to my parents' house in the south while he remained in the east coast. My spouse knows where we are and he sent me papers to sign for the taxes and now he's threatening to call the cops on me because he feels i kidnapped our son. I told him he can come visit us at my parents' house but he refuses he only says that if he comes here it's to take our son back with him to the east coast.
I also threatened to call INS on him because he threatened to call the cops on me when I refuse to let our son to go back to the east coast with him. I tried to compromise with him that it's cheaper to come and visit us here and try to work things out rather than me and son flying to the east coast and wasting 2 airfare tickets if nothing works out.
Can my spouse call the cops on me in order to get his son when he refuses to compromise with me? Is this fair?

Your son's father cannot call the cops on you without risking deportation. And your son will be in danger each time he is with him due to his criminality. He could be deported at any time and put your son in a dangerous situation.

If I were you, I would call INS and have him deported. It's the safest thing for your son. Your biggest worry is that he will steal your son and take him back to his home country. And most likely you will never see him again. It happens all the time. Get him deported and move immediately.

P.S. Alwayswalkedon is wrong. Any parent can take a child anywhere as long as there is no custody or visitation order preventing it. He can go to court if you continue to withold the child from him and you will just show up and say that he is illegal and therefore a danger and a flight risk.

patrick

Nope he cant.
however, you need to start divorce proceedings, so that legal custody of your child is established.

Sham Wow Obama

Just report him to ICE and be done with the drama.

Yuuuuuuurraaay!

No, he can't make you return his son. You can consult with a family lawyer but my educated guess is that until a separation/divorce is worked out along with a custody arrangement, you are not obligated to do anything you and he has no legal authority to force you to do anything.

You can also look up "kidnapping" in your state and see what they would have to prove in order to convict you of it. i think you'll find that they won't be able to prove all of the elements. all in all, i think you're good -- at least until he files for divorce or for shared custody (which doesn't seem likely given his illegal status)

boo2

If you are not divorced, then you still have custody of your kids. There is no order that you share custody, etc. So you can go where you want. That said, so can he...likely even to leave the country. Good luck getting custody if that happens. Similarly, if he is returned to his country he will have terrible difficulty getting custody/visitation in our court system.

homegirl

AJ is absolutely right. Report him to Immigration authorities, do not let him anywhere near your son. If he steals off to his home country with the boy in all likelihood you will never see him again. Hate to sound alarmist but this has happened before.

froggequene

Your husband is an illegal immigrant, why would he call attention to himself by calling the cops? He hasn't a leg to stand on & he knows it

Your son is a US citizen, if your husband attempts to remove him from the country without your permission, it's kidnapping

Get yourself a good lawyer to deal with the divorce & pay a visit to your local police station, register your concerns jabout your husband & get some advice from them on how to deal with husband

Call the authorities & report him as an illegal immigrant

Mel

He cannot. You and him both have custody, technically. How long have you been living there? The police would want to know why he didn't call sooner, if he felt you kidnapped your son. But, all in all, I wouldn't try and separate a child from his father. Unless you feel your child is in danger. He probably wont call anyway because he knows he will be deported if he does.

Midnight

Custody is rarely given to the father, unless they come to the conclusion that the mother is unfit to raise the child on her own.
I'm not sure if illegal immigration has anything to do with it either way.
But look at it this way, if he can call the cops for keeping the son from him.. then can't you also call the cops on him for threatening to take him away without a legal custody hearing?

piinkzbra

No offense but the first sentence of your question made me want to puke. You shouldn't have had a kid with him in the first place. Yuck.

ICE 'em

Report him, we don't need illegal immigrants over here. Shame on you for marrying one, surely you can do better.

inappropriatus

FIRST...you need to talk to an attorney and quit asking for legal advice on YA....
Call your local county bar association and tell them what has happened, they will refer you to an attorney who can give you the correct advice...

Generally, you can live wherever you want, and without a custody order your ex does not have much authority.

When you do start to battle over custody, for God's sake please remember that it is about what is best for your child and not what you want, or about your hurt feelings over the split.

Alwayswalkedon

Im not sure how it works with him talking your child out of the country, but I do know if you take your child out of the state (seperated or not) you need to have the fathers permission, and yes that is kidnapping. Even though its not fair its the truth. Best of Luck, if he does call the police you will have to bring your son back to the state he is in or you can get arrested.

PeanutButterPoop.

YOU'RE A STUPID ****. CALL STAVE WILKOS

Lala

if you love eachother, and will fight for eachother
nothing can take you away from eachother
not distance, not court, nothing or nobody.

mnhregfkdvbskdsavbiewg

yit

Know-It-All

Why should he compromise with you?

You should just give him his son back and just move on.

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