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Oct 16
2008
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Ask A Lawyer: Immigration & Mental IllnessPosted by: Rick Ortiz on Oct 16, 2008   |
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State:Arizona
Question:My wife is an undiagnosed Borderline or Bipolar. She is extremely abusive towards me, and sometimes also rampages at our 1 year old daughter. At this moment she is in the country illegally, but her citizenship papers are in the works. If we divorce, or if in one of her abusive episodes, I call the police.. can she leave out of country with my child, or would I get custody of the child? My child is a citizen.
Question:My wife is an undiagnosed Borderline or Bipolar. She is extremely abusive towards me, and sometimes also rampages at our 1 year old daughter. At this moment she is in the country illegally, but her citizenship papers are in the works. If we divorce, or if in one of her abusive episodes, I call the police.. can she leave out of country with my child, or would I get custody of the child? My child is a citizen.
Answer: You need to be sure that your child does not have dual citizenship. Also be sure that your child can not be attached to her passport. Children are sometimes taken from the country that way. Most likely the court will consider her illegal status in determining custody, but remember you married her knowing that she was not legal so it is not going to be a huge consideration for the court. The court must determine what is in the best interest of your child.
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written by Green Card, August 04, 2009
From a humanitarian perspective, our fellow human beings, who migrate to support their families, continue to suffer at the hands of immigration policies that separate them from family members and drive them into remote parts of the American desert, sometimes to their deaths. This suffering should not continue.
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