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My wife is not a citizen and shes cheating on me

Duluth, GA |

vie been married now for 10 years i caught my wife cheating on me a few years ago we worked past this i thought . i have a daughter with her born between us . not my wife is cheating on me again and wants to kick me out but mi afraid to lose my daughter and my wife is not yet citizen can she just take my child away from me or can i leave with my child cause i don't want my daughter to be exposed to this ?

my wife also said that if i dont move out shes going to take my daughter and move out can sh do this do i hav just as much right as she does to take my chilld and move so she can keep doing her affair? she been gone everynight after work for the past two weeks last night my daughter asked me if she could use my cell phone to call her om to see whare she at when she called her mom it went straight to voice mail so my daughter left her mom a nasty message upset

Attorney Answers 4

Posted

First thing Monday morning, make arrangements to see a lawyer.

The "not a citizen" likely doesn't matter. And the previously forgiven adultery also likely doesn't matter. But the present situation certainly does matter. And while either parent - you or her - could carry the child almost anywhere right now (absent a court order), you want to see a lawyer before you take steps that can be second guessed later by a court. That way you can develop a strategy that not only works today but hopefully will work long term. To make a determination as to custody, one of you will have to file a court case.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

The citizenship issue is most likely a non-issue. However, you should talk to a lawyer quickly. There are too many issues and potential issues to address in this format. Before promising any child support, though, make sure the child is yours with a DNA test. You can obtain a test kit for under $30 at the pharmacy. Call me Monday for a free initial consultation.

If you have further questions, call me at 770-904-5115. The information and opinion rendered herein is done as a courtesy and is for general informational purposes. Nothing herein may be construed by any party as to give rise to an attorney-client relationship.

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3 comments

Peggy M. Raddatz

Peggy M. Raddatz

Posted

they have been married for 10 years.

David Michael Lawler

David Michael Lawler

Posted

Yes, but with a long history of adultery, he shout at least KNOW for certain, so that if he's not the bio-dad, he is prepared to fight the presumption of paternity that comes with being married...

Peggy M. Raddatz

Peggy M. Raddatz

Posted

I donot htink he will win on that since they are married unless their is another biologicaldad waiting in the wings. This is far beyond the question presented.

Posted

1. GO SEE A LAWYER IN PERSON ASAP!
2. The immigration status has no relevance to you.
3. The adultery may also have little or no relevance accept for establishing grounds for a divorce.
4. Both parents have the right to have your daughter in their possession right now.
5. Go see an attorney who handles divorce immediately.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about.

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1 found this helpful

Posted

The court is mostly concerned with the best interest of the child. If the child was born here she is a U.S. Citizen. The issues you face in court would be custody and financial/property division. I has been my experience that the child is merely a pawn but one that must remain in the jurisdiction of the court and is not to be moved out of the country.

Hire your attorney immediately. We can help. The Broome Law, Firm; (678) 992-2631.

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