How do I get custody of my son?
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How do I get custody of my son?
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My wife and I recently separated for several weeks now. I told her I didn't love her anymore and don't want to work things out with her. I've been wanting to leave her for years. Every year whenever we had an argument I always tell her I didn't love her. The last time I told her I didn't love her, she got upset and took our 5 year old son with her and they both flew to Texas to live with her parents while I'm still here in New Jersey. Everytime I email or call her on the phone I always request I speak to our son. I called her grandparents house everyday asking to speak to my wife but her grandfather always told me that she wasn't there and my wife got angry with me because her grandfather got pissed at her for me calling his house everyday so her and our son left and went to live with her parents. My wife tells me she still loves me and wants to work things out but she hardly answers her emails or returns my phone calls. She tells me she and our son needs their time and space. I will give her her time and space but I want to speak to our son. She won't let me for now. She is still hurting because I broke her heart. She tells me that she reminds our son that I love him everyday.
By the way, I'm an illegal alien because I procrastinated doing my immigration paperwork during my marriage. My wife is reluctant to sign any of my immigration papers for me to stay in the US. She said if she signs it, then it's a gift but I refuse to work things out with her. I also told her that she doesn't need to sign anything and I'm not forcing her. I know my wife has rights to keep my son with her but I have my rights to bring our son back to Jersey. My wife tells me to negotiate with her but I don't want to, I just want to speak to my son I don't want to speak to my wife. How do I get my son?
Edit: My wife is a great mother. My work visa expired and we ended up getting married. We lived together prior to that. She contacts me whenever she feels like it but not often and tells me that her and our son are doing fine but that's not good enough for me. I just want to speak and see my son.
I'm working illegally under my wife's name and social security number as a freelancer (with my wife's consent of course) because she doesn't make enough to support or sponsor me.
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imback_missme
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Because you are an illegal immigrant you have no rights.If you were legal you would have to get a lawyer and most likely pay child support to have visitation rights.Men typically only get custody if the parents agree that its the best option over if the mother is proven unfit due to abuse or drug use. In a fair legal system, the court's would take into account: personal character, financial status, environmental/social influences that may positively/negatively impact a child growing up in either household, etc.... before deciding which parent should have primary custody. Also, typically when father's have "joint custody, they have their kids either every other weekend, or every weekend at the most. This doesn't give the father equal time with his children, and therefore sends the message that his time with his chiildren is of less value than the mother's. |
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kitty-chan
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Wow. The first thing you have to do is contact an immigration attorney. If you chose to go through a divorce proceeding, there is a very good chance that you'll get deported. Secondly, ask that attorney if there is any way for you to started on your citizenship; you might know enough to pass the test on your first try. Third, talk to an attorney that deals with child custody issues. You might be able to settle on something through a court mediator. I really don't know much about divorce stuff, so you should check out this website, www.mens-divorce.com. They are in Michigan and they work for men's rights, but I hope they will help you in the right direction.
Good luck, and I hope everything works out for the best. |
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Dark Smiles
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That is a really hard situation. i am sorry, I do not know the answer. But I really don't think there is anything legal you could do. They would probably deport you. If I was you, move close. get him on the weekends and once during the week. just do whatever you have to do to show him you care. I am really sorry you guys are faced with this. Good Luck:) |
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