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My ex is here illegally and wants the court to prevent me from discussing it as part of the court proceedings for a custody

Sacramento, CA |

petition, however she also submitted to court an exhibit of a valid passport for her home country and im afraid she might flee with my child .
what can i do? and can she prevent me from discussing my concearn about her being her illegally and that if she gets deported or in trouble with the law it could hurt my daughter

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Attorney answers 3


If you have a genuine concern over the ex fleeing with your child, the time to bring it up was at the hearing where she presented a valid passport. In usual case where fleeing is an immediate issue, the recourse is a TRO prohibiting the act. is not clear where you are procedurally - is a hearing set and you still have time to file a responsive declaration - in which event you artfully bring up your flee ing concerns without making it appear your are raising it just to make her look bad and for you to get an advantage..did she threaten to leave country? If so include that nformation and any other that evidences likelyihood of fleeing - e.g. she has no family, no friends here and no job, etc. In answer to whether she can prevent you from discussing your concern about fleeing, it is relevant and thus would something the court should hear - so if you still have time to file responsive declaration it should be carefully included. These are extremely delicate matters and they need to be addressed with great care, both in your written response and at hearing. You are best off obtaining legal counsel to help you with filing your response and representing you at hearing. Of course there are never any guarantees, but with legal counsel counsel your chances of success are increased . Best of f Luck!

Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship.


If either of you thinks the INS will deport her due to this arising in Family Court, the answer is no. (If she married a citizen she is eligible for citizenship. Why wasn't this done?)

Bottom line no court order will stop bad behavior-- it can only make is harder or make the person subjected to it angrier.

Yes, I know this isn't fair.Family Court isn't fair.

Ms. Straus (aka Carroll) may be reached at 800-400-8978 during regular business hours, Pacific Time, or anytime by email at: All of Ms. Straus’ responses to questions posted on Avvo are intended as helpful information based upon the facts stated in the question, and are not to be relied upon as a final legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus is licensed to practice law in California. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state, and retain him or her. Me Straus provides “unbundled” services if you need specific assistance with a specific issue.


File for the Divorce and get the restraining order!

My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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