USAC Banner 728x90

Collapse

Announcement

Collapse
No announcement yet.

CHILD CUSTODY: How to bring my children to the U.S.

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • CHILD CUSTODY: How to bring my children to the U.S.

    I have 2 u.s. citizen children that live with there mother in mexico, shes not a u.s. citizen and children have been living with her for 10 years. They live in the worse conditions and i have evidence that prove it. Also she has pictures on facebook with my children with large amounts of cash.. i mean lots of 100 bills.putting theme in danger to be kidnapped in mexico.. I got theme to stay with me for a week. I register them in school and had there shoots put on.. they were missing 13 of theme. I told mother i wasnt going to return theme because of the environment there were living with her, so i filed an emergency custody order which was deny . Because judge said the did not have jurisdiction of the case and that they werent in life threatening. So she took theme, but before she filled an abduction case against me and i respondent with the evidence i have...i need to go to a hearing for that case. My question is what do i need to do, to get custody of my children to bring theme to the U.S.

  • #2
    re: CHILD CUSTODY: How to bring my children to the U.S.

    I wish to inform you that you may file a petition for modification of child custody and child visitation order in the same court that passed the original custody order as it has continuing jurisdiction in this matter. The court always considers the best interests of the child. You may show the photographs which could lead to their being kidnapped in Mexico. You may also provide evidence to show that their living conditions are not good. The burden will be on you to show show how the proposed modification of child custody and child visitation order is in the best interests of the child. The court will consider all the facts and decide the matter.

    AFF

    Comment


    • #3
      re: CHILD CUSTODY: How to bring my children to the U.S.

      Originally posted by lcacogui View Post
      I have 2 u.s. citizen children that live with there mother in mexico, shes not a u.s. citizen and children have been living with her for 10 years. They live in the worse conditions and i have evidence that prove it. Also she has pictures on facebook with my children with large amounts of cash.. i mean lots of 100 bills.putting theme in danger to be kidnapped in mexico.. I got theme to stay with me for a week. I register them in school and had there shoots put on.. they were missing 13 of theme. I told mother i wasnt going to return theme because of the environment there were living with her, so i filed an emergency custody order which was deny . Because judge said the did not have jurisdiction of the case and that they werent in life threatening. So she took theme, but before she filled an abduction case against me and i respondent with the evidence i have...i need to go to a hearing for that case. My question is what do i need to do, to get custody of my children to bring theme to the U.S.
      Quite frankly, you have little chance of gaining custody over the kids. You have allowed them to stay with their mother for 10 years, and she has status quo on her side.

      Your ONLY chance of gaining custody is to prove that they ate in danger where they're at. Simply having cash doesn't even come close. In addition, you will have to seek custody in Mexico, where you are already at a disadvantage.

      Seek the assistance of a family law attorney who practices in Mexico. Be prepared to pay dearly for the proceedings considering the state of the court system down there.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        Re: CHILD CUSTODY: How to bring my children to the U.S.

        Originally posted by lcacogui View Post
        I have 2 u.s. citizen children that live with there mother in mexico, shes not a u.s. citizen and children have been living with her for 10 years. They live in the worse conditions and i have evidence that prove it. Also she has pictures on facebook with my children with large amounts of cash.. i mean lots of 100 bills.putting theme in danger to be kidnapped in mexico.. I got theme to stay with me for a week. I register them in school and had there shoots put on.. they were missing 13 of theme. I told mother i wasnt going to return theme because of the environment there were living with her, so i filed an emergency custody order which was deny . Because judge said the did not have jurisdiction of the case and that they werent in life threatening. So she took theme, but before she filled an abduction case against me and i respondent with the evidence i have...i need to go to a hearing for that case. My question is what do i need to do, to get custody of my children to bring theme to the U.S.
        With the children now in Mexico,you will have a hard time getting an order in the U.S. that would have any effect in Mexico. It is too bad you could not convince the judge of the hazardous conditions to their welfare in Mexico to get an emergency order. But that is the situation you have now.

        As to the hearing, presumably that is in the U.S.? If so, you need to have an attorney represent you.

        If the children are back in Mexico, you will have to file a petition in Mexico to gain custody of the children and win on the merits there. That will require a family law attorney in Mexico and convincing evidence of their situation.

        Comment


        • #5
          Re: CHILD CUSTODY: How to bring my children to the U.S.

          Custody law in Mexico is based on the concept of “patria potestas” which is: “The parents’ responsibility to care for the child, reside with the child, and provide for the child’s necessities, including food, education and development.” Usually, children under seven years of age are placed in the custody of the mother, unless there is a serious risk to the children. However, in making the final determination, the judge may listen to proposals and suggestions made for the benefit of the children by the grandparents, uncles, aunts, older brothers, and older sisters. If the court finds that children’s’ personal safety and health are at risk, parental authority can be granted to just one of the child's parents or to second-degree blood relatives such as grandparents, siblings, uncles or aunts. Here, the burden to prove that the children are at risk is on you. As long as the children are in Mexico and not the U.S., no order can be made in the U.S. It is advisable to retain an attorney in Mexico to gain the most favorable custody arrangement or gather necessary evidence to prove that the other parent is unfit. In the hearing you might have to submit the original marriage certificate, the original birth certificate of the children in question, the address of the parent requesting custody, and the names and addresses of two witnesses who are able to provide facts about the parent requesting custody.

          Comment


          • #6
            Re: CHILD CUSTODY: How to bring my children to the U.S.

            Ok...back to my situation...i have one of my children with me , the oldest one has decided to live with me and his mother agreed. Now how can i obtain full custody of him? How much time does it take for the court to have juristiction to help me with this... can i take the evidence I have back to court to show theme why i want to keep him in the U.S. instead of him going back to mexico...

            Comment


            • #7
              Re: CHILD CUSTODY: How to bring my children to the U.S.

              You must return to court and obtain a formal custody order.
              Due to a recent promotion, I should now be referred to as Major Obvious.

              I would not be trying to provide information and knowledge if I did not sympathize.

              Some days it is just not worth chewing through the restraints to face life.

              Comment


              • #8
                Re: CHILD CUSTODY: How to bring my children to the U.S.

                Originally posted by lcacogui View Post
                Ok...back to my situation...i have one of my children with me , the oldest one has decided to live with me and his mother agreed. Now how can i obtain full custody of him? How much time does it take for the court to have juristiction to help me with this... can i take the evidence I have back to court to show theme why i want to keep him in the U.S. instead of him going back to mexico...
                The custody order can be obtained in Mexico with the mother's assent. That would be the easiest it seems for your situation. As long as both parents are in agreement you should not have to justify your reasons to keep your son with you.

                An agreed order for custody can also be obtained in the U.S. with the proper verification of the mother's assent, as well. It would be filed in the county where you reside along with a copy of the mother's assent with translation and verification acceptable to the court. A certified copy of the birth certificate should also be filed with your application.

                Comment

                Previously entered content was automatically saved. Restore or Discard.
                Auto-Saved
                Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Big Grin :D Frown :( Embarrassment :o Confused :confused: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                x

                the color of a banana is... (write the answer twice with an "@" between the words)

                widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                Working...
                X