My wife is not a citizen and shes cheating on me

Asked over 1 year ago - 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 ?

Additional information

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)

  1. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . 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... more
  2. David Michael Lawler

    Contributor Level 13

    Answered . 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... more
  3. Barry Dean Broome

    Contributor Level 10

    Answered . 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.

  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . 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... more

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