Not yet single, but have some questions...

julianne0407

If my husband and I were to divorce who gets custody until we go to court? By the way, he is in the U.S. illegally and has no social security, driver's license, etc...

Or who will get custody if I decide to leave and he calls the cops?

TIA

achase123

You would need to file for custody first to ensure that you get custody until the first court date.

However, I would think that the fact that he's an illegal alien and doesn't have a driver's license won't look good for his case, ultimately.

What would he call the cops for?  It's a free country, you have the right to leave.  BTW, he might want to think twice before calling the cops if he's there illegally.

ShanJosh777

You deciding to leave and him calling the cops would have no impact on custody. You are your child's mother and you can leave with the child if you want, if there is no court order.

julia0402

How is he here illegally if you are married?  He should at least have a green card if he's married to you, unless you're also here illegally?

dimake

Check with a lawyer to make sure you have all of your bases covered before you separate.

weelass24

julia0402:

How is he here illegally if you are married?  He should at least have a green card if he's married to you, unless you're also here illegally?

They don't award them like that.  They would have had to file to change his status.  It's expensive but generally a quick process.  he could have a conditional GC in 3-4 months if they file now.

OP, from what I understand parental rights usually trump immigration stauts, at least from what I know of people in similar situations.  Also, local PDs don't generally get involved in immigration issues and states have no authority to deport.  Any immigration status complaints need to be handled by ICE.

julianne0407

I'm not here illegally, but he hasn't gotten his papers yet. Hasn't even started the process yet. I'm a U.S. citizen. It takes more than being married to receive even a green card.