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Kristina M. Cervera Garcia
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Kristina Garcia’s Answers

6 total

  • Can my husband get deported?

    My husband wants so separate/divorce after about 6 months after he got his perment residency card. I want to try to work on the marriage and fix our problems that we have but he doesn't want to. I find it very convienent that he waited until he g...

    Kristina’s Answer

    Generally speaking as a permanent resident your husband is deportable, but whether he is deported depends on various factors. Technically your husband was issued a temporary permanent residency with conditions valid for a period of 2 years. Before the residency expires he would have to file a Petition to Remove Conditions. If he fails to file a timely petition then he can be placed in removal proceedings. Upon filing the Petition to Remove Conditions he would have to be truthful and advise of the divorce which could cause further scrutiny regarding the validity of the marriage.

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  • My ex is requesting that I reimburse him child support for the last year and a half because our son spent more time with him.

    My ex & I have shared placement of our 16-year old son. I received child support. About a year ago, my son decided that he'd rather spend more of his overnights with his dad. Dad is now requesting that I reimburse him all the child support I've re...

    Kristina’s Answer

    Quite frankly, I agree with the previous attorney's answer. He should have filed a motion to modify child support at the time of the change or had you sign a stipulation reducing the child support. Generally, it is only by stipulation that it can be modified. If he has arrears built up sometimes a credit is given to offset any arrears.

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  • Do i have a custody/placement case with this information?

    The order is already 50/50 custody/placement, but there is no physical placement schedule so she uses this to her advantage constantly to not let me see our daughter. Currently her mother is in jail for drug use(while on probation). Before she wen...

    Kristina’s Answer

    Sounds like you should file a Motion for Modification of Placement based on her not exercising her placement. Of course, there are many unanswered questions but generally speaking, the statutes allow a person to file a motion to change placement if you can establish that a person awarded placement is not exercising the court ordered placement. How long will be mother be in jail? That can help your case, you should look at Wisconsin Circuit Court Access to see if there is any information about how long she will be incarcerated. If the court doesn't change placement at minimum you should request a specific schedule so that in the future if she interferes with your placement you have something that you can try to enforce through your local police or a Motion to Enforce or Contempt for not following a court order.

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  • I am in the beginning stages of a divorce and have 2 small children. My wife feels she can dictate visitation. What can I do?

    My wife and I are no longer living together. We have tried to come to an agreement on a visitation schedule & anything I propose is never acceptable to her. She feels an extreme need to control & to minimize my time with the children at all costs....

    Kristina’s Answer

    I agree with the many answers that have been posted. I would suggest that you keep a log of your attempts to have placement and her responses so that you have a record of the problems you have had and the mother's inability to help foster your relationship with the children.

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  • What happens if a spouse does not show up (either in person or by phone) to any of the divorce hearings?

    Bf had temp div hrng last wk & his wife didn’t show. She voluntarily signed the ad. of serv,. but made it clear she didn’t want to participate in the divorce hrngs bc she’s on the run w/ her boyfriend who is wanted. @ the temp hrng, the commissio...

    Kristina’s Answer

    As long as you follow the statutes regarding giving proper notice of the proceedings you should be allowed to proceed. I believe that a GAL will be necessary for the 16 year old to investigate the circumstances of that child, is the child under a CHIPS order is children's court involved, if so any children's court order will supersede a circuit court order. Is there a social worker currently involved that could have the child placed with your bf. Overall, if the mother choses not to participate the court can continue to enter orders by default. You should consult an attorney about the specifics of your case and probably have representation.

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  • Is it a violation of a DV order if the defendants family member retaliates against the victims family member?

    I have a 4 year domestic abuse restraining order against my husband. he has violated my order about three times already and is now on a 2 yr probation with 5 mths jail time imposed and stayed pending he doesnt violate again, he also has to go thro...

    Kristina’s Answer

    Yes, it is a violation if it is determined that the respondent caused the third party, in this case his brother to contact you . Please check your Domestic Abuse injunction, I am assuming that the box under the heading "The Court Orders" has a check mark next to "The respondent to avoid contacting or causing any person other than a party's attorney or law enforcement officer to contact the petitioner/protected person....contact includes: contact at petitioner/ protected person's home, work, school, public places, in person, by phone, in writing, by electronic communication or device, or in any other manner. You should contact your local police and report it and let them investigate whether it is a violation by the defendant.

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