Asked about 1 year ago - Waupun, WIFlag
My son married a Hispanic girl and she has only had her green card for 6 months. They had a child together and the child is a US citizen. She has been unfaithful to my son and took the baby & moved out. She isn't letting him see the child. Who has legal rights to the child?
Unless there is a court order granting custody to one or the other, in all likelihood both parents have joint physical and legal custody rights. These would be state rights that will be governed by the state in which the parents live.
If the mother is still in the U.S., you should seek assistance from a qualified family law attorney to try and get some temporary order in place. This can help prevent her from taking the children out of the U.S., for example. The state court will decide all issues concerning the child's welfare. Good luck. Allan
As a married couple, your son and his wife have what Wisconsin calls "joint custody" of the child: each one of them has the same "legal rights" to make decisions concerning the child, but they must cooperate with each other in exercising those rights.
Where the child lives is called "physical placement" in Wisconsin. If your son does not want to stay married to this woman he should file for divorce and then, while the divorce is pending, ask the court for a temporary order that will give him some physical placement. The court will assume that placement shouldn be 50/50, but might grant more or less to one or the other parent if there is evidence to warrant an uneven placement split. Call an attorney who practices family law.
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